An employment tribunal has dismissed all claims brought by a Larne day care worker against the Northern Health and Social Care Trust, ruling that her dismissal was both substantively and procedurally fair and that no causal link existed between her protected disclosure and the termination of her employment. The unanimous decision, issued on 30 March 2026, covers claims of unfair dismissal, automatic unfair dismissal on whistleblowing grounds, disability discrimination by failure to make reasonable adjustments, and detriment on grounds of having made a protected disclosure.

Christine Mary McElroy began working with the Trust on 15 April 1995 and was based at Gloucester Park Day Centre in Larne. Her employment ended on 16 August 2024 following a managing attendance process. She represented herself at the hearing, accompanied by her son as a McKenzie friend. The Trust was represented by barrister Michael Quigley, instructed by the Business Services Organisation.

The tribunal, chaired by Employment Judge Leonard with members Mrs F Cummins and Mrs D Adams, heard evidence across five hearing days in February 2026 in Belfast, with an additional day for submissions. The case generated a combined documentation bundle of over 1,000 pages.

The Trust formally conceded that McElroy had made a protected disclosure when, on 23 March 2023, she raised concerns by email about incidents involving a service user at the day centre in early March of that year. The tribunal found, however, that the Trust investigated the matter under its informal whistleblowing procedure, which it was entitled to do under its own policy, and that the claimant suffered no detriment as a result of the disclosure. The tribunal accepted evidence from Area Manager Charlene Wright that McElroy had given her explicit consent before her identity as the person raising concerns was shared with her line manager.

On the disability question, the tribunal concluded that McElroy had not met the statutory definition of a disabled person under the Disability Discrimination Act 1995. The tribunal noted an absence of detailed medical evidence, including GP records or specialist reports, that would normally be expected to demonstrate the substantial and long-term adverse effect on day-to-day activities required by the legislation. Medical documentation before the tribunal included references to work-related stress and a brief mention of anxiety, but the tribunal found these insufficient to establish a qualifying disability. An occupational health report from August 2023 expressly stated that the DDA was not applicable at that time.

On the unfair dismissal claims, the tribunal found that the Trust followed a comprehensive and cautious managing attendance process over an extended period, arranging and rescheduling meetings to accommodate McElroy and her trade union representative. The decision to dismiss was taken on 16 August 2024 by Stephen McAllister and Marysia Griffin, neither of whom had any prior involvement in the protected disclosure matter. McElroy had been continuously absent since 19 April 2023 and, at the final review meeting on 7 May 2024, stated she would not be returning to work with the Trust. The tribunal found the dismissal on capability grounds to be fair in both substance and procedure. McElroy did not attend a scheduled appeal hearing on 6 December 2024, and the original decision stood.

All claims were dismissed in their entirety, without further order.