An employment tribunal in Belfast has dismissed all claims brought by Mark McIntyre against the charity Sense, The National Deafblind And Rubella Association, concerning his resignation in February 2025. The tribunal, consisting of Employment Judge Sheehan and two members, unanimously found that the claimant did not make a protected disclosure under whistleblowing legislation, was not subjected to any detriment, and was not dismissed because of any such disclosure. Claims of associative disability discrimination were also rejected.

The claimant, who worked as a team leader at a Sense residential facility in Belfast, was suspended on 17 January 2025 pending an investigation into his involvement in publishing a children's book with a vulnerable adult resident, referred to as AB. The book, titled 'Sandy the Dragon', was created with the assistance of the claimant's own publishing business, WritePublishBooks, which he had not disclosed to his employer. The investigation focused on potential breaches of Sense policies on personal relationships at work and managing the money of people supported by the charity, as well as concerns about financial arrangements with a person lacking capacity.

Following his suspension, the claimant submitted two documents titled 'Safeguarding and Whistleblowing Reports' on 21 and 22 January 2025, alleging breaches of AB's rights and safeguarding principles by Sense. The tribunal found that these documents did not constitute qualifying disclosures because they lacked sufficient factual content, were not made in the reasonable belief that they were in the public interest, and were accompanied by settlement proposals that benefited the claimant personally. The tribunal also noted that the claimant had used artificial intelligence to prepare the reports and that he failed to contact the court-appointed solicitor responsible for AB's financial affairs.

The tribunal further concluded that the extension of the claimant's probationary period, which he cited as a detriment, was in accordance with Sense's policies and was not retaliatory. The claimant resigned on 3 February 2025, claiming constructive dismissal, but the tribunal found that his resignation was not caused by any fundamental breach of contract by the employer. Instead, the true reason for his resignation was that he feared dismissal after realising he had breached his contractual obligation to disclose his publishing business and had failed to comply with AB's court-ordered financial protections.

The tribunal also dismissed the claim of associative disability discrimination, finding that the claimant was suspended because of his own conduct, not because of his association with a disabled person. Sense's witnesses were found to be credible, and the tribunal accepted that the charity acted reasonably and in line with its policies throughout the investigation. The claimant's claims under Article 134A, Article 70B of the Employment Rights (Northern Ireland) Order 1996, and section 3A of the Disability Discrimination Act 1995 were all dismissed.

The judgment was issued on 4 September 2026 following a hearing in March 2026. The claimant represented himself, while the respondent was represented by barrister Mathew Corkery, instructed by Carson and McDowell LLP.