Claimant v Veolia ES (UK) Ltd

Outcome

Facts

The claimant worked for the respondent and on 30 August 2024 sent two emails raising a grievance about her manager Greg McPhee. The emails contained eight categories of allegations including bullying, mismanagement, GDPR breaches, transphobic comments, and expense misuse. On the same day, the respondent invited her to a probation review meeting. She was ultimately dismissed during her probation period. The claimant alleged she downloaded client information to her personal Gmail on 20 August 2024 but reported it herself immediately. This preliminary hearing determined whether her disclosures were protected.

Decision

The tribunal found that three of the eight disclosures in the claimant's emails of 30 August 2024 were protected disclosures under s.43B ERA: mismanagement and waste of resources, bullying of colleagues, and transphobic comments. The other five disclosures failed to meet the statutory test for various reasons including insufficient specificity or lack of reasonable belief in public interest. The claim for automatic unfair dismissal under s.103A may proceed to final hearing. The respondent's application for a deposit order was refused.

Practical note

Legal authorities cited