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

4.76 Average

175 Reviews

Anonymous

efficient, responsive and effective

Posted 7 hours ago

Andrew B

Very good service

Posted 7 hours ago

Anonymous

Excellent service, compassionate and a good outcome

Posted 1 day ago

Anonymous

I had an employment issue which required legal advice. Chris was very supportive and knowledgeable, resulting in an optimum resolution in my favour. Would definitely recommend.

Posted 1 week ago

David M

Very professional and first-rate advice. I would use again. With thanks,

Posted 1 week ago

Anonymous

Got the job done swiftly without going too much in to detail.

Posted 1 week ago

Derek W

Redmans dealt with my case very efficiently and I was happy with the outcome.

Posted 1 week ago

Anonymous

Timely professional advice!

Posted 1 week ago

Anonymous

Very good service

Posted 2 weeks ago

Anonymous

I was in contact with Chris and then worked with Caroline on an employment matter. I was very pleased with the service and professionalism throughout, and came away with satisfied with the outcome. Would happily recommend.

Posted 2 weeks ago

Nikki

Received advice re employment law. Chris was very helpful and advised accordingly. Would happily recommend them and if ever I need help again, will not think twice before using them.

Posted 3 weeks ago

Samantha K

Absolutely brilliant thank you. Caroline Lewis is a legend

Posted 2 months ago

Anonymous

The legal advice was clear and helpful.

Posted 2 months ago

Davinder P

Good Service

Posted 2 months ago

Adrian V

I was using Redmans services for a Settlement Agreement. Very quick and professional service. The outcome was favourable and I was very pleased with the amendments and results. Pretty glad to recommend them for any type of legal advice.

Posted 2 months ago

Anonymous

Very responsive, efficient, clear and supportive. Thank you! Highly recommend.

Posted 2 months ago

Tiago S

Chris was always prompt to help me with legal matters that are beyond my comprehension and very helpful leasing with my former employer. I would recommend Redmans Solicitors to everyone who needs help.

Posted 2 months ago

Anonymous

Fast and professional advice tailored to what was needed. Thanks for your help Chris Hadrill and team.

Posted 2 months ago

Peter S

Really pleased with the outcome and the advice I had from Chris and Sacha.

Posted 2 months ago

Harika A

Redmans solicitor's helped me with my settlement agreement, Chris has been very helpful throughout the process.He was very prompt in his responses and made my settlement look simple.Special thanks to Caroline for her efficient communication, thorough explaination of contract terminology and negotiations.I highly reccommend Redmans solicitors for anyone seeking employment related legal help.

Posted 2 months ago

Anonymous

Good and quick service

Posted 2 months ago