Claimant v S W Enviro Ltd

The claimant relied on sections 100(1)(c) and 103A ERA. The tribunal found that the claimant's letter of 20 April 2024 was principally aimed at demonstrating he met criteria for promotion, not raising health and safety concerns. The tribunal held the claimant did not bring to the employer's attention circumstances he reasonably believed were harmful to health and safety, nor did he make protected disclosures. Therefore the claims failed.

The claimant alleged detriment under section 47B ERA for making protected disclosures. The tribunal found the claimant had not made protected disclosures as his letter of 20 April 2024 did not contain disclosures in which he had a reasonable belief that health and safety was endangered or that legal obligations were being breached. The claim therefore failed and was dismissed.

The claimant alleged he made protected disclosures under section 43B ERA regarding lack of training on RAMS and working at height, and regarding unqualified gas work. The tribunal found that the comments in his letter were suggestions for improvement to demonstrate his understanding of health and safety in the context of seeking promotion, not disclosures tending to show health and safety was endangered. There was nothing in the letter to suggest anyone's health and safety was at risk. The claim failed.

This claim was not determined at the preliminary hearing. The tribunal ordered that it should be listed for a one-day final hearing before an Employment Judge sitting alone in Edinburgh.