Southam v Berkshire Healthcare NHS Foundation Trust [2026] EAT 150
Appeal concerning alleged protected disclosure made after the claimant resigned and claimed constructive unfair dismissal
The claimant has worked for the respondent since 2015 but resigned in April 2019 and then submitted claims alleging she had made multiple protected disclosures, suffered detrimental treatment as a result, and been constructively unfairly dismissed. The ET found she had made two protected disclosures (a third was found on reconsideration) but dismissed all complaints.
HHJ Auerbach dismissed both her appeals. While the ET erred in parts of its reasoning when rejecting some of the alleged disclosures, those errors did not affect the outcome. All of the complaints of detrimental treatment either predated those claimed disclosures, or failed because the claimed treatment was found not to have factually occurred and/or not to amount to detrimental treatment, or because the tribunal had made positive findings about the reasons for such treatment which left no room for a finding that it was also materially influenced by those further claimed disclosures.
Published: 09/11/2026 11:40