The claimant was employed by the respondent as Clinical Lead at one of its hospitals from April 2020 until she was given notice of dismissal in November 2020 for the given reason that she had not passed her probation. Her complaints that she was unfairly dismissed for the sole or principal reason of having made two protected disclosures, asserted a statutory right relating to working time, or raised health and safety concerns, all failed. A complaint that she was entitled to additional wages in respect of additional or on-call hours worked above 40 per week was also dismissed. The ET tribunal found that neither of the claimed protected disclosures was in fact made so the claimant appealed, partly on perversity grounds..
HHJ Auerbach rejected the appeals. There was a conflict of evidence around whether a protected disclosure had been made but there was evidence to support the finding that the ET made. He also found the ET's conclusions did not contradict its own conclusions.