Claimant v Green Commercial Cleaning Ltd
Outcome
Individual claims
The Tribunal determined that the Claimant's email of 17 June 2024 was not a qualifying disclosure within the meaning of section 43B of the Employment Rights Act 1996. As the Claimant did not make a protected disclosure, the claim was struck out under Rule 38(1)(a) as having no reasonable prospect of success.
Facts
The Claimant, Mrs Marjankowska, sent an email on 17 June 2024 to her employer, Green Commercial Cleaning Ltd. She brought a whistleblowing claim based on this email. The case came before the Tribunal as a preliminary hearing to determine whether the email constituted a qualifying disclosure.
Decision
The Tribunal struck out the whistleblowing claim, finding that the email of 17 June 2024 did not meet the statutory definition of a qualifying disclosure under section 43B ERA 1996. As there was no protected disclosure, the claim had no reasonable prospect of success.
Practical note
Not every workplace communication qualifies as a protected disclosure - the email must meet the specific statutory criteria under section 43B to found a whistleblowing claim.
Legal authorities cited
Statutes
Case details
- Case number
- 6009077/2024
- Decision date
- 26 September 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No