Tribunal rules in favour of employee in NHS Blood and Transplant whistleblowing case
04 July 2025
Mrs Rooke brought claims against her former employer, NHS Blood and Transplant (NHSBT), alleging constructive unfair dismissal, disability discrimination (linked to her anxiety), failure to make reasonable adjustments, and detriments arising from whistleblowing.
The Employment Tribunal dismissed Mrs Rooke’s claims for constructive unfair dismissal, direct disability discrimination, and failure to make reasonable adjustments. However, her whistleblowing detriment claim succeeded.
Mrs Rooke had raised multiple concerns with NHSBT relating to donor safety checks and training standards, which she believed posed health and safety risks. Following these disclosures, she was unknowingly subjected to a Star Wars-themed personality test, where she was publicly likened to Darth Vader. The Tribunal found that this association with a widely recognised villain would likely cause distress.
The Tribunal ruled that while NHSBT had not breached the implied term of trust and confidence or discriminated on the grounds of disability, it had treated Mrs Rooke detrimentally because of her protected disclosures. This included refusing her request to withdraw her resignation and taking actions that undermined her professional reputation.
Mrs Rooke was awarded £28,989.61, covering financial losses and compensation for injury to feelings.
Key takeaway for operators:
This case highlights the importance of handling whistleblowing disclosures appropriately and ensuring that employees raising such concerns are not subjected to retaliatory treatment. Even if other employment claims (such as discrimination or unfair dismissal) do not succeed, employers may still face liability for whistleblowing detriment. Clear internal procedures and fair decision-making processes – such as properly considering resignation retractions – are essential.
Contact our Employment team to review your internal whistleblowing policy and train your management team today.
This article was written by Gabrielle Scriven,
