Cases1300180/2024

Claimant v Sandwell Crossroad Care Attendant Scheme Ltd

30 September 2025Before Employment Judge BansalMidlands Westin person

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalfailed

The tribunal found that the claimants' complaints of automatic unfair dismissal contrary to s103A of the Employment Rights Act 1996 (whistleblowing) were not well founded and dismissed the claims.

Unfair Dismissalfailed

The tribunal found that the claimants' complaints of ordinary unfair dismissal contrary to s94 & s98 of the Employment Rights Act 1996 were not well founded and dismissed the claims.

Facts

Two claimants, Mrs T Dalloway and Mrs S Dean, brought claims against Sandwell Crossroad Care Attendant Scheme Ltd, a care provider. The claimants alleged they were dismissed and that their dismissals were both automatically unfair under whistleblowing provisions and ordinarily unfair. The hearing took place over five days in September 2025.

Decision

The tribunal unanimously dismissed both claims. The tribunal found that the claimants had not established that their dismissals were automatically unfair under s103A ERA 1996 (whistleblowing protection) nor that they were ordinarily unfair under s94 and s98 ERA 1996.

Practical note

Claimants represented by a lay adviser failed to establish whistleblowing or ordinary unfair dismissal claims against a care provider charity represented by counsel.

Legal authorities cited

Statutes

ERA 1996 s.103AERA 1996 s.94ERA 1996 s.98

Case details

Case number
1300180/2024
Decision date
30 September 2025
Hearing type
full merits
Hearing days
5
Classification
contested

Respondent

Sector
healthcare
Represented
Yes
Rep type
barrister

Claimant representation

Represented
Yes
Rep type
lay rep