Wrightington, Wigan and Leigh Teaching Hospitals NHS Foundation Trust
v K Macmillan
Decision date
23 February 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Batten
Case Summary
The claimant brought a claim of unfair dismissal for making a protected disclosure against Wrightington, Wigan & Leigh Teaching Hospitals NHS Foundation Trust. The tribunal found at a preliminary hearing that the claimant had not shown that she made a protected disclosure as defined in section 43B of the Employment Rights Act 1996. Accordingly, the claim was dismissed.
Why this outcome?
No reasonable prospectsThe tribunal found that the claimant had not demonstrated that she made a protected disclosure as defined in section 43B of the Employment Rights Act 1996, and therefore the claim of unfair dismissal for making a protected disclosure could not succeed.
Claim Types
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Key Issues
- •Whether claimant made a protected disclosure in accordance with section 43B of the Employment Rights Act 1996
- •Whether dismissal for making a protected disclosure was unfair
Decision Text
Case No: 6004874/2024 EMPLOYMENT TRIBUNALS Claimant: K Macmillan Respondent: Wrightington, Wigan & Leigh Teaching Hospitals NHS Foundation Trust PRELIMINARY HEARING HEARD AT: Manchester (by video platform) On: 23 February 2026 BEFORE: Employment Judge Batten (sitting alone) REPRESENTATION: For the Claimant: in person For the Respondent: M Martin, Counsel JUDGMENT The judgment of the Tribunal is that: 1. the claimant has not shown that she made a protected disclosure in accordance with the definition in section 43B of the Employment Rights Act 1996; 2. Accordingly, the complaint of unfair dismissal for making a protected disclosure fails and is dismissed. Approved by: Employment Judge Batten 23 February 2026 JUDGMENT SENT TO THE PARTIES ON 16 April 2026 FOR THE TRIBUNAL OFFICE Case No: 6004874/2024 Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision. Public access to employment tribunal decisions Judgments and reasons for the judgments are published, in full, online at www.gov.uk/employment- tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
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Case Details
Respondent
Wrightington, Wigan and Leigh Teaching Hospitals NHS Foundation Trust
- Claimant
- K Macmillan
- Case No.
- 6004874/2024
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 23 February 2026
- Published
- 11 May 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Batten
- Representation
- Litigant in person