A whistleblower based at Southend University Hospital has been offered just 56 pence in compensation for her whistleblowing claim in the Employment Tribunal.
Mrs Gillian Austin, 58, is litigating against Southend University Hospital after she contended that she had been subjected to six months of victimization for allegedly blowing the whistle on the hospital.
Mrs Austin claims that she made a protected disclosure to the hospital regarding the fact that she had just finished a night shift at 7.30am and was due to start another shift at noon the same day. She was concerned that this could potentially endanger the health and safety of other patients and submit a complaint to her manager in 2009. She contends that as a result of her complaint she was subjected to a disciplinary and was made to appear before a disciplinary appeal panel – a part of what Mrs Austin claims was the conduct that victimized her. She therefore submitted an Employment Tribunal claim in 2010 regarding her treatment, claiming that she had attempted to go through the hospital’s human resources, ACAS and her union to resolve the claim before that.
The matter came to a preliminary hearing in the Employment Tribunal earlier last year, with the hospital’s legal team attempting to strike the claim out as having no prospect of success in a full hearing. Mrs Austin, giving evidence at the Tribunal, contended that her claim did have a prospect of success. It has now come to a full hearing
Chris Hadrill, a solicitor at employment law solicitors Redmans, commented: “Whistleblowing cases can be particularly personal and involved cases ; employees who feel that they have been victimized by their employer may pursue litigation even if – as is the case here – an Employment Judge informs them that they have little prospect of success.”
Employment Judge Warren, giving an assessment of the case last year, stated: “I really do not think you have a good chance of succeeding, I think you have little prospect of success. If you fail, the respondents will undoubtedly make an application for costs and the tribunal, in deciding whether to order costs will look at this judgement and the fact that you were ordered to pay a deposit.”
It emerged before the hearing that Mrs Austin had apparently been offered just 56 pence in compensation for her Employment Tribunal claim. She is seeking £185,000 damages for what she contends is detriment due to whistleblowing.
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