Claimant v Asda Stores Limited
Outcome
Individual claims
The tribunal found that the claimant's claim for automatic unfair dismissal based on public interest disclosure was not well-founded. The judgment indicates the tribunal rejected the claimant's whistleblowing protection claim on its merits.
The tribunal determined that the claimant's claim for unpaid holiday pay was not well-founded. The tribunal dismissed this claim after considering the evidence presented at the full hearing.
Facts
Mr Burrell, a former employee of Asda Stores Ltd, brought claims for automatic unfair dismissal based on whistleblowing (public interest disclosure) and unpaid holiday pay. The claimant was represented by a family friend acting as a lay representative, while the respondent was represented by counsel. The case was heard at a full merits hearing in Birmingham.
Decision
Employment Judge Knowles dismissed both of Mr Burrell's claims, finding them not well-founded. The tribunal rejected the whistleblowing automatic unfair dismissal claim and the holiday pay claim after a one-day hearing. Oral reasons were given at the hearing.
Practical note
A whistleblowing claim requires proper foundation and evidence of qualifying and protected disclosures, and merely asserting public interest disclosure is insufficient to establish automatic unfair dismissal.
Case details
- Case number
- 1307067/2024
- Decision date
- 19 September 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep