Whistleblowing unfair dismissal case thrown out

A Leicestershire community nurse who alleged she had been unfairly dismissed because of whistleblowing about wages and unpaid holiday pay has had her tribunal case thrown out.

The tribunal heard that the claimant made various complaints against the NHS Trust she had been working for including about how she was treated and sacked from the job from which she was appointed in 2016. She was required to visit clinics and make home visits requiring to be a driver and access to a car. It was only several weeks later that her manager found she had lied and been unable to provide the Trust with relevant MOT and insurance documents for several weeks after she started.

Colleagues also expressed concerns about the claimant’s behaviour and demeanour in front of patient’s. On one occasion she disappeared one afternoon without approval and did not return the following day. It was then that the trust discovered that she had provided them with a false address. She was then dismissed for gross misconduct.

The employment judge “The reality is that the alleged whistleblowing has been little more than a legal peg with which the claimant has used to ventilate her various grievances about the trust. Clearly, her pride was hurt but these proceedings were not the solution.”

The judge ordered her to pay £230 in costs to the trust.

With this case, it shows the importance of checking documents before employment commences particularly where the employee is expected to be able to visit clinics and make house calls whilst using their own vehicle.

 

Published by

Merlinonline

HR Professional, interests include HR Metrics, Workforce Analytics

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