Dunster v First Transpennine Express Ltd - Dismissal was not for whistle-blowing but subsequent misconduct [2011] EAT

Dismissal for conduct matters does not amount to dismissal for having made a protected disclosure, even though it was such whistle-blowing that set in motion events that ultimately ended with that misconduct and dismissal for it.

Ms Dunster worked as a conductor on trains run by First Transpennine Express (FTE). She suffered injuries to her pelvis caused, she claimed, by the trains running over a bumpy area of track known as Batley Bump. She wrote a number of letters, both to her trade union and to FTE, expressing concerns over Batley Bump and its health & safety implications. Other issues arose - customer complaints about Ms Dunster and arguments with revenue collectors when she refused to check tickets at that part of the line.

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