Sellafield 'whistleblower' has employment claim dismissed

Alison McDermott made a number of complaints against Sellafield and the Nuclear Decommissioning Authority

A diversity consultant who claimed she was sacked after highlighting alleged bullying and harassment at a nuclear site has lost her employment tribunal.

Alison McDermott made a series of complaints against Sellafield and its owner the Nuclear Decommissioning Authority (NDA).

But an employment judge ruled that she did not qualify as a whistleblower and dismissed all her claims.

Sellafield welcomed the decision and said it did not tolerate bullying.

In September 2018, Mrs McDermott signed an 18-month, two-day-a-week contract worth £1,500 per day as a consultant in equality and diversity at Sellafield, the nuclear fuel reprocessing and decommissioning site.

But a month later her contract was "lawfully terminated" due to "financial constraints", Judge Philip Lancaster said in his conclusion.

Mrs McDermott claimed she was sacked after she wrote a report which alleged bullying, sexual harassment and homophobic abuse at Sellafield and was also critical of its human resources department.

She had a "suspicion that she had been served notice on her contract in a bid to suppress wrongdoing", Mrs McDermott told the tribunal.

'Questionable report'

But Judge Lancaster concluded her account bore "all the hallmarks of being what she would like to think that she said rather than what actually happened at the time".

He said there was "no failure to investigate or take action" with regards to the harassment claims as Mrs McDermott was tasked with running staff sessions to try and "flush out" information about alleged inappropriate behaviour.

The judge also ruled the claimant was not protected legally as a whistleblower as the information she disclosed was "her opinion" rather than facts.

"There is no reason at all to suppose that the expression of opinion had anything at all to do with [the] subsequent decision to terminate the contract," he found.

The tribunal concluded the contract was terminated due to the "questionable and insubstantial" report done by Mrs McDermott at a cost of more than £12,000, which "lacked any meaningful analysis" and made only "vague and entirely generic recommendations".

'Absolutely stunned'

The judge said he was "satisfied" that "financial constraints" was given as the reason for the termination so Mrs McDermott could have left "with her head held high".

Mrs McDermott told the PA news agency: "I'm absolutely stunned by the decision that the tribunal has reached and I think there are some glaring inconsistencies."

She said she feared problems with bullying would continue and she was concerned the outcome "will just discourage people from speaking out".

She described the tribunal process as "utterly harrowing".

A spokesman for Sellafield said the judgement would be be considered and "we will reflect on the findings".

"We remain committed to eradicating bullying and harassment at Sellafield," he said, adding: "We do not tolerate this behaviour and where we find it, we address it."