Registered manager's whistleblowing constructive dismissal claim fails but unlawful deduction succeeds
A registered manager who resigned after her employer restricted her system access following a protected disclosure was not constructively dismissed, the tribunal ruled, but she won £1,309.52 for an unlawful wage deduction.
1 min read · Last updated 19 May 2026
Case details
- #protected-disclosure
- #constructive-dismissal
- #unauthorised-deductions
- #family-business
- #system-access-restriction
Key facts
- The claimant was employed as a Registered Manager from 24 May 2021 until she resigned on 17 October 2022.
- The claimant made a protected disclosure by email on 12 October 2022 raising concerns about staff and client safety.
- The respondent restricted the claimant's access to work systems and instructed her not to contact staff after 12 October 2022.
- The claimant resigned with immediate effect on 17 October 2022, citing breach of contract.
- The tribunal found the claimant was not constructively dismissed because the respondent had reasonable and proper cause for its actions.
- The respondent admitted an unlawful deduction of wages and was ordered to pay £1,309.52.
Timeline
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Employment start date
The claimant began employment as a Registered Manager with Riann Care Limited.
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Meeting about restructure
A meeting took place where the claimant expressed strong opposition to new appointments, leading to a heated exchange.
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Protected disclosure email
The claimant sent an email to Mrs Ive raising concerns about staff and client safety, which the tribunal later found to be a protected disclosure.
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WhatsApp threats to whistleblow
The claimant sent WhatsApp messages threatening to report the respondent to the CQC if her demands were not met.
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System access restricted
The respondent blocked the claimant's access to Care Planner and Atlas systems, and instructed her not to contact staff.
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Email to CQC
The claimant sent an email to the CQC titled 'Whistleblowing', but the content was not produced in evidence.
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Resignation
The claimant resigned with immediate effect, citing breach of contract and constructive dismissal.
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Email to CCG
After resigning, the claimant emailed the Clinical Commissioning Group raising concerns about the respondent.
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Opportunity to retract resignation
The respondent offered the claimant a chance to retract her resignation within 7 days, which she did not take.
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Judgment issued
The tribunal dismissed the unfair dismissal and wrongful dismissal claims but upheld the unlawful deduction claim by consent.
The legal issue
The tribunal had to decide whether the claimant was constructively dismissed (i.e., forced to resign due to her employer's breach of contract) and, if so, whether the principal reason for her dismissal was her protected disclosure (whistleblowing).
The outcome
The tribunal dismissed the claims of automatically unfair dismissal (whistleblowing) and wrongful dismissal, but upheld the claim for unlawful deduction of wages by consent.
- Unfair dismissal claim: Not well-founded – dismissed.
- Wrongful dismissal claim: Not well-founded – dismissed.
- Unlawful deduction of wages: Admitted by the respondent – £1,309.52 awarded.
Lessons & takeaways
- If you resign and claim constructive dismissal, you must show your employer committed a fundamental breach of contract – simply making a protected disclosure does not guarantee success.
- Employers can take reasonable steps to manage a situation after a whistleblowing complaint, such as restricting system access, as long as they have proper cause.
- Keep clear records of all communications and evidence of any threats or demands you make – these can be used against you if they show unreasonable behaviour.
- Less than two years' service means you cannot bring an ordinary unfair dismissal claim, so whistleblowing claims are often the only route – but they are hard to win.
A whistleblowing claim that unravelled
This case shows how difficult it can be to succeed in a constructive dismissal claim based on whistleblowing, even when the employee has made a genuine protected disclosure. The claimant, a registered manager at a domiciliary care agency, raised serious concerns about staff and client safety. But her employer responded by restricting her access to work systems and telling her not to contact staff. She resigned, claiming she was forced out.
The tribunal accepted that her email on 12 October 2022 was a protected disclosure. However, it found that the employer had reasonable and proper cause for its actions. The claimant had sent WhatsApp messages threatening to report the company to the CQC if her demands were not met, and there had been a heated meeting the day before. The employer's response was not a breach of contract, so there was no constructive dismissal.
What the employer could have done differently
The employer admitted it had made an unlawful deduction of wages, which it had to repay. That was a clear mistake. But on the dismissal claims, the employer's actions were justified. The tribunal noted that the employer even gave the claimant a chance to retract her resignation, which she did not take. If the employer had acted without proper reason – for example, by restricting access purely because of the disclosure – the outcome might have been different.
Why this matters for similar claims
This case is a reminder that whistleblowing protection is not absolute. Employees who make disclosures still need to show that their employer's conduct amounted to a fundamental breach of contract. Threats and demands can undermine a constructive dismissal case. For employees considering a similar claim, it is essential to focus on the employer's breach, not just the fact of the disclosure. For employers, the key lesson is to ensure any restrictions are proportionate and based on genuine concerns, not retaliation.
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