Veitch Penny LLP - Exeter | Crediton, Devon

Case

Lingard v HM Prison Service – 29 November 2004

Issues

(1)Unfair Dismissal
(2)Whistle Blowing
(3)Public Interest Disclosure Act 1988

Facts

Carol Lingard was a Prison Officer at Wakefield High Security Prison in West Yorkshire with 15 year’s service. She had made various complaints about the behaviour of her colleagues and had reported a number of incidents of bullying and intimidation of inmates. An initial investigation found no evidence to support her claims. She then approached the Prison Governor and a unit which had been specifically set up to deal with whistle blowing claims but her complaint was mismanaged and went no further. She eventually resigned from her job after her name had been revealed to the officer she complained about. She suffered discrimination and intimidation and was treated as a grass after having made protected disclosures to prison management under the Pubic Interest Disclosure Act 1998. She claimed constructive unfair dismissal and victimisation.

Decision

The Tribunal found in Mrs Lingard’s favour confirming that she had been constructively dismissed by virtue of making a protected disclosure. She was awarded a basic award of £3,915, a compensatory award of £470,687.90 in respect of future loss of earnings and loss of pension rights, and a further £3,000 in respect of injury to feelings. The Prison Service was also ordered to pay about £90,000 in legal costs.

The Tribunal made a finding that the Prison Service had made a deliberate decision to reveal her name as the whistleblower and therefore failed to protect her from the consequences of disclosure of her name. In the Tribunal’s opinion, the employer had totally failed to accept that the employee was genuine and honest in her disclosures and was seriously at risk as a result of making them.

Comments

The size of the award made in this claim is a strong reminder to employers of the potential consequences of failing to properly investigate and manage whistle blowing claims.

Rachel Bickle – Associate Solicitor, Commercial Department at Veitch Penny.
Tel: 01392 278381, Fax: 01392 410247, Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it