Case Studies: Commercial

O’Reilly Stewart Represent Care Home in Whistleblowing Claim

O’Reilly Stewart have acted on behalf of a Care Home in a claim taken by a former employee for unfair dismissal and dismissal on grounds of safeguarding and health and safety. It was the former employee’s case that the dismissal was automatically unfair because a protected disclosure of information had been made. As there is no minimum service requirement for whistleblowers, the claim was lodged by an employee who had less than 52 weeks continuous service. It was disputed that the alleged disclosure made by the Claimant was a ‘qualifying disclosure’ or that the Claimant was dismissed for making the said protected disclosure. The matter was resolved in advance of hearing to the satisfaction of both parties.

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