SETBACK FOR CARE QUALITY COMMISSION “WHISTLEBLOWER”
LUKE HUTCHINGS >
PartnerWed 4 June 2014
An employee of the Care Quality Commission (“CQC”) this week lost her case against her former employer, after claiming she had been forced out for making public interest disclosures, known commonly as “whistle blowing” disclosures, about various failures at an NHS Trust.
Employment Judge Harjit Grewal upbraided the CQC for sending an organisation-wide email criticising the employee, a Ms Pollard, but overall found that there was no campaign or concerted effort to force the employee out because of her disclosures, and that Ms Pollard had misinterpreted various “innocuous” actions by her employer, convincing herself that she was the victim of a broader conspiracy.
This is a timely reminder that each allegation of whistleblowing will turn on its own facts and an employee will be expected to show that they have, in fact, suffered a detriment or series of detriments as a result of making protected disclosures, for their claim to succeed.
For more information on the above topic or any other employment law issue, please feel free to contact me. One of the employment specialists at Taylor Rose Law LLP would be happy to discuss this with you further. Call us on 01733 333 333 for a no-obligation chat.
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