The EAT upheld an employment tribunal's conclusion in this case that, despite her claims, Ms Clark-Darby had not in fact ever made a protected disclosure to her employers - which might have enabled her to succeed in a claim of unfair dismissal where she did not otherwise have the necessary 12 months qualifying service. It was a conclusion properly open to them on the facts. A point which was particularly persuasive was that, despite Ms Clark-Darby referring to the alleged disclosure in her tribunal claim form, it was not mentioned in her witness statement.