A former chair of the Royal College of Nursing has had a claim of unfair dismissal by the organisation thrown out by a judge, following an employment tribunal, with a decision on further claims still to come.
Dave Dawes, who was chair of the RCN council from September 2020 until his suspension in September 2021, was told his claim could not go forward because he was not employed by the RCN at the time that the alleged unfair dismissal took place.
“I anticipate that the judgement will go my way when we are notified in a few weeks”
Dave Dawes
Following Mr Dawes’ suspension as council chair, he was expelled from the college in April 2022 after an investigation into complaints about his conduct.
A decision on further outstanding claims brought against the RCN by Mr Dawes, as a result of his expulsion from the organisation, are still to be decided by the judge.
During the tribunal hearing on 25 and 26 January, the RCN had applied for all the complaints against it to be struck out.
Mr Dawes claims both his suspension as chair and expulsion from the college are the result of him whistleblowing over what he says was a cover-up by the RCN.
It concerns the circumstances surrounding the departure of former RCN chief executive and general secretary Dame Donna Kinnair in July 2021 and a related investigation by Bruce Carr KC, he says.
Court papers show that the RCN sought to strike out Mr Dawes’ complaints on a number of grounds.
These grounds included that he did not make genuine ‘protected disclosures’ about Dame Donna’s departure from the RCN.
Employees are protected by law in some circumstances if they provide information as whistleblowers.
Mr Dawes passed information to the Information Commissioner’s Office and the Trade Union Certification Officer as well as to members of the press.
Mr Dawes had brought his unfair dismissal case based on the claim that, during his suspension as chair, he was prevented from standing for election for another two years after his initial elected term.
However, the judge ruled that Mr Dawes was not employed by the RCN during this time, and so the tribunal had no jurisdiction to rule on unfair dismissal as an employee.
Mr Dawes is also claiming victimisation of a worker and unfair dismissal as a worker, as opposed to as an employee, against the RCN, both as a result of whistleblowing.
If these claims are not struck out, a full employment tribunal hearing will then take place. The judge said he would provide a written decision “in due course”.
A Certification Officer hearing between Mr Dawes and the RCN is due to take place on 14 and 15 February this year.
Mr Dawes has made 13 complaints concerning alleged breaches of union rules in relation to disciplinary proceedings against him.
Following the tribunal, Mr Dawes said: “I am very pleased with the employment tribunal hearing today and I anticipate that the judgement will go my way when we are notified in a few weeks.
“In the meantime, I am preparing for the Trade Union Certification Officer hearing in two weeks, which will hopefully reinstate me onto RCN Council,” he said.
The RCN declined to comment on the tribunal’s decision.
