Destiny Healthcare Private Ltd

Case Summary

The claimant, employed as a compliance manager by a domiciliary care provider, claimed automatic unfair dismissal and detriment following his dismissal, alleging it was triggered by a report he made to the CQC raising safeguarding concerns. The tribunal found he failed to establish qualifying protected disclosures as his concerns lacked specificity, were expressions of opinion rather than information tending to show legal breaches, and his belief that they showed breaches was not objectively reasonable given company policies and his failure to use internal mechanisms.

The claimant failed to establish qualifying protected disclosures under whistleblowing law because his communications were vague expressions of opinion lacking in specifics rather than information that tended to show a breach of legal obligation or risk to health and safety. His belief was not objectively reasonable as he ignored applicable company policies and procedures despite it being his role as compliance manager to know them.

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• •Whether claimant made qualifying disclosures under whistleblowing legislation
• •Whether disclosures were in the public interest
• •Whether claimant held reasonable belief that information tended to show breach of legal obligation or risk to health and safety
• •Whether dismissal was automatically unfair due to whistleblowing
• •Whether detriments were suffered for making disclosures
• •Whether claimant was owed notice pay on termination

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