Search

How can we help?

Icon

“Nuisance” nurse wins whistleblowing claim

In Smith v Mid Essex Hospital Services NHS Trust, a nurse won his claim for unfair dismissal, with the Employment Tribunal finding he had been dismissed for making protected disclosures.

The nurse, a trade union representative, made several disclosures between 2013 and 2014 about his colleagues being bullied and harassed by managers and not receiving adequate rest breaks, as well as regarding patient care issues and a lack of equipment and supplies.

Following his disclosures, the nurse was subject to a “witch hunt”, with the Trust accusing him of being disruptive in meetings and of sending confidential emails to his personal email address. He was dismissed for gross misconduct.

The nurse was subject to a “witch hunt”

Despite succeeding in his claim in the first instance, the EAT remitted the case back to the ET to consider whether the nurse had been dismissed primarily because he was a ‘nuisance’.

The ET upheld its original decision, finding the decision-makers were very aware of the disclosures when they dismissed him, and that they viewed him as a nuisance because he had made the disclosures. The case reminds employers of the need to carefully consider their treatment of a potential whistleblower, irrespective of whether the employee is viewed as a nuisance.

Disclaimer
This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 21 January 2026
  • Privacy and Data Protection

FAQs – Data Subject Access Requests

Any individual who may be identified from any form of document, whether directly or indirectly, is a data subject.

art
  • 20 January 2026
  • Corporate and M&A

Positioning Your Business for Growth and Exit in 2026

2025 proved another challenging year for SMEs in the UK, with regulatory reform for Companies, increased taxes and operating costs and geopolitical pressure making for a harsh trading environment, Yet, despite the gloomy economic outlook, dealmaking in the region remained robust.

Pub
  • 20 January 2026
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, for an on-demand webinar as they discuss the key updates and their impact on your business in 2026.

Pub
  • 15 January 2026
  • Corporate and M&A

Quarterly Insights: Key Corporate & Commercial Topics – Q1 2026

Join Stuart Mullins and Jonathan Hayes as they explore the most topical issues and key developments our team has examined over the past three months. In Episode 1, they discuss Family Investment Companies, Legal Due Diligence, and Directors’ Duties.

Pub
  • 08 January 2026
  • Privacy and Data Protection

Data Protection Audits: Launch Event

Join us for a breakfast networking session on Thursday 26th February 2026 as we officially launch our Data Protection Audit services.

art
  • 08 January 2026
  • Privacy and Data Protection

Data Protection – what’s happened in 2025?

2025 has been a lively year for the data protection sphere, with the main talking point coming from the UK’s data reform Bill finally receiving Royal Assent on 19 June 2025.