The claimant worked for the respondent for approximately 17 years as a receptionist and dental nurse. She claimed, inter alia, that she made public interest disclosures based on the hygiene conditions of the respondent´s premises and was then dismissed as a direct result. The claimant ultimately failed to demonstrate that the disclosures were made in good faith (a requirement that no longer applies in GB but remains in NI). 

However, what was telling in this case was the relevance of the individual´s position in the organisation in relation to whether qualifying disclosures were made and whether the claimant had a reasonable belief that they were true. The tribunal made frequent reference to the claimant´s position as an “experienced dental nurse” and noted that what may be reasonable to a lay person may not be to a trained medical professional. The claims were dismissed in their entirety. 

Practical lessons

It is well established that the test of the reasonableness of the belief of an employee is subjective, but this example is demonstration that this does not necessarily make the claimant´s task an easier one. In fact it may well have the opposite effect. Whilst true that such a person may also be in a better position to 'flag up' any internal failings, the tribunal was quick to note that this position can also impose a higher threshold. 

The claimant here was in a position to realise that the risk of harm to patients of hygiene failures was actually minimal and her experience of the surgery's practices only heightened that awareness. Clearly a finding of 'bad faith' will be fatal to any protected disclosure case, but a close look at the personal circumstances of the 'whistleblower' will be an important factor in whether a claim may succeed.