Claimant v Element Materials Technology Aerospace UK Ltd

The tribunal found that the respondent had a fair reason for dismissal and followed a fair procedure. The dismissal fell within the band of reasonable responses available to a reasonable employer.

The tribunal found that the respondent did not breach the implied term of trust and confidence such that the claimant was entitled to resign and treat himself as constructively dismissed.

The tribunal found that the claimant was not dismissed for making protected disclosures. The principal reason for dismissal was unrelated to any alleged whistleblowing.

The tribunal found that the claimant was not subjected to any detriment for making protected disclosures. Either the disclosures were not protected or the detriments were not causally linked to the disclosures.

The tribunal found that the respondent was contractually entitled to make the deductions from wages or that the sums were properly withheld.

The tribunal found that the claimant had been paid all holiday pay to which he was entitled or had not accrued unpaid holiday at termination.

The tribunal found no breach of section 10 of the Employment Relations Act 1999 regarding the right to be accompanied at disciplinary or grievance hearings.