University Hospitals Bristol and Weston NHS Foundation Trust

Case Summary

The claimant, a bank nurse with dyslexia and autism, claimed whistleblowing detriments and disability discrimination after being restricted from shifts and having his contract terminated. The tribunal found the respondent subjected him to detriments because of protected disclosures concerning staffing and patient safety, and also directly discriminated against him because of his disability when terminating his contract. The tribunal upheld complaints of whistleblowing detriment, direct disability discrimination, and discrimination arising from disability, while dismissing other related complaints.

The tribunal found that the claimant had made protected disclosures about staffing levels and patient safety concerns, and that the respondent's decisions to restrict his shifts and terminate his contract were materially influenced by knowledge of these disclosures. The tribunal also found that the decision to terminate the contract was materially influenced by the claimant's disability (autism and dyslexia), as evidenced by Sam Trumble's unsupported assumptions about the claimant's inability to reflect and modify his conduct without occupational health evidence. The tribunal was troubled by credibility issues with the respondent's witnesses and found their evidence misleading regarding the severity of the claimant's conduct.

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• •Whether the claimant was subjected to detriments on the ground of protected disclosures under s.47B Employment Rights Act 1996
• •Whether the claimant was subjected to direct discrimination because of disability under s.13 Equality Act 2010
• •Whether the claimant was subjected to discrimination arising from disability under s.15 Equality Act 2010
• •Whether restrictions on bank shifts and termination of contract were causally connected to protected disclosures or disability
• •Credibility of respondent's witnesses and whether decisions were influenced by protected disclosures or disability

The full source document is available from the official publication page.