Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

MoJA nurse has won sizeable compensation after she submitted a legal claim against her former employer as she believed she had been unfairly dismissed because she had ‘blown the whistle’ at work.

Elaine Fernandez was awarded £80,000 by the Employment Tribunal after she sued her former employer, Allied Healthcare Group, for automatic unfair dismissal on the grounds that she had made a protected disclosure.

Ms Fernandez, a nurse at Allied Healthcare Group, raised concerns to a local health board in an email in October 2011 that patients should be cared for by nurses and not by healthcare assistants, as the healthcare assistants lacked the necessary skills to look after some patients. This email – which was headed ‘confidential’ – was later that day forwarded by the health care board to Ms Fernandez’s managers at Allied Healthcare. Ms Fernandez was threatened with disciplinary action the next day and received further warnings for continuing to detail her concerns regarding patient care in her patient’s logbook. Ms Fernandez was eventually removed from Allied Healthcare’s health package in September 2012 and was offered no further work by the business. She subsequently brought Employment Tribunal claims for unfair dismissal, automatic unfair dismissal, and detriment due to protected disclosure.

The case came to the Employment Tribunal earlier this year, with Ms Fernandez giving evidence in her favour. The Employment Tribunal ruled in Ms Fernandez’s favour in her claim for automatic unfair dismissal, finding that her dismissal had been principally on the grounds that she had made protected disclosures regarding patient care. She was awarded £80,000 in compensation for loss of earnings, injury to feelings, and interest as a result.

A spokeswoman for Allied Healthcare stated after the judgment: “We have new systems to enable our colleagues to raise concerns of any kind, with new processes and protections that we believe are now the best in the sector.”

Ms Fernandez commented: “Whistleblowing is traumatic, but it is not something you have a choice about. In my case I didn’t have a choice because I knew the patient was at risk from staff who were not properly trained and that they would be coming back.”

Chris Hadrill, an employment solicitor at Redmans Solicitors, commented on the case: “Businesses should address any complaint or concern raised by staff members in a fair, thorough, and timely fashion or they risk potential claims for whistleblowing or constructive dismissal in the Employment Tribunal. As this case shows, losing such cases can be expensive – both in terms of the organisation’s reputation and as a result of compensation awarded.”

About

Redmans Employment Team deal with employment matters for both employers and employees, including drafting employment contracts and policies, advising employers and employees on compromise agreements, handling day-to-day HR issues, advising on restructures, and handling Employment Tribunal cases for both employers and employees Call 020 3397 3603 to speak to one of the members of our employment team or email us on enquiries@redmans.co.uk. Redmans have offices in Richmond, Chiswick, Hammersmith, Fulham, Kingston, Wimbledon, Ealing, Kings Cross and Marylebone (meetings strictly by appointment only).

Want to talk to an expert employment law solicitor?

You'll receive a callback from a specialist within an hour

Share →

Our awards

Request a callback

Your name

Your email

Your telephone number

Contact us

Please feel free to discuss your own position and concerns. Contact your nearest office on:

T: 020 3397 3603
E: enquiries@redmans.co.uk
W: www.redmans.co.uk

Testimonials

4.73 Average

92 Reviews

Anonymous

Redmans Solicitors provided a professional and prompt service in dealing with my settlement agreement. They used their experience to negotiate a better deal for which I am grateful for. I highly recommend their services.

Posted 2 days ago

Cheryl R

Very efficient and friendly lawyers. I have used Redmans twice now and Chris Hadrill has been amazing to work with. Would highly recommend Redmans.

Posted 2 days ago

Anonymous

I found Redmans Solicitors to be extremely professional, dealing with my questions and concerns quickly and in detail. I would have no hesitation in recommending Redmans Solicitors to anyone.

Posted 2 days ago

Anonymous

I requested Redmans services on a redundancy case. Both Chris and Rana were great, thoughtful, very professional and responded quickly. They were very clear throughout the entire process, regarding the process and my options and I couldn't feel I had better legal advice for my case. Overall excellent service and I would certainly recommend and use their services again.

Posted 6 days ago

Anonymous

Responsive, patient, thorough and personable - an excellent service.

Posted 1 week ago

Anonymous

The team at Redmans, Chris Hadrill and Sacha Barrett were always very helpful and had expert knowledge to assist me during my employment law matter, I would not hesitate to recommend them to all!

Posted 1 week ago

Arun T

Chris was punctual, attentive and accurate. He answered my questions with clarity and avoided dubiosity. I would recommend him to anyone seeking legal advice within his remit.

Posted 1 week ago

Yulian Z

Great service

Posted 1 week ago

Anonymous

Excellent, professional service and a speedy resolution. Many thanks

Posted 1 week ago

Taral P

Sacha and Chris were both very helpful in closing out my matter. Sacha was very clear in helping me understanding the documents I needed reviewing, providing a professional service throughout.

Posted 1 week ago

Anonymous

Really pleased with the swift and professional service from Redmans. They provided very clear advice and helped conclude my matter with the minimum of stress or delay.

Posted 1 week ago

Matthew L

Redmans were very quick to respond to my initial enquiry, and provided me with a very effective and efficient service, generating a most satisfactory outcome. I would definitely use them again if the need arose.

Posted 1 week ago

Anonymous

First rate service. Warm and friendly whilst exceptionally efficient at the same time. I would highly recommend them.

Posted 1 week ago

Anonymous

Professional and helpful. Thorough and supportive.

Posted 1 week ago

Richard A

Excellent service, prompt replies, great advice

Posted 1 week ago

Anonymous

Very professional services

Posted 1 week ago

Margaret

Redmans Solicitors took a lot of the worry away and were very thoughtful and meticulous in their dealings with my case , thank you very mush , great service and a great job

Posted 1 month ago

Mark B

Prompt efficient service. Hourly, and part thereof, billing got a bit stressful at times - as opposed to flat fee - made me think twice about sending an email or making a quick call when I had a query because it would have eaten up minutes from my budget. But happy with the legal service I received overall and would recommend.

Posted 1 month ago

Anonymous

Chris Hadrill has provided a truly wonderful service and was willing to lend his support and expertise at a time when other solicitors, only wanted to discuss their fees! A clear thinking and down to earth professional, Chris can be trusted to listen carefully to your matter, cut through the fog, and advise you on the best (and most realistic) way forward, saving you time, money and heartache. It will be helpful if you first get your ducks in a row in terms of documents / evidence etc. and then contact Chris, (that’s what we did) as this will help your matter to be dealt with faster. The more organised and together you are the more successful you will be. You'll be fine with Chris, I highly recommend him. Good luck!

Posted 1 month ago

Richard v

Excellent Service

Posted 2 months ago

Anonymous

Very happy from service received. Highly recommend

Posted 2 months ago