Claimant v Yunex Ltd

Claimant asserts dismissal automatically unfair under s103A ERA 1996 as resigned as result of detriments suffered from public interest disclosures. Respondent applied for strike out, arguing disclosures have no reasonable prospect of being qualifying disclosures. Tribunal dismissed strike out application, finding arguments finely balanced and not appropriate to strike out at this stage before evidence heard.

Claimant alleges detriment for making protected disclosures regarding IKOS patent invention rights, Competition Act breach, and restriction on development of EV charging systems. Respondent applied for strike out arguing no public interest element. Tribunal dismissed strike out, finding correspondence contains disclosure of information and arguments on public interest finely balanced requiring full hearing.

Claimant alleges breaches of implied term of mutual trust and confidence including failure to engage with grievance, complaints about role/salary, IKOS patent disputes, and conduct of grievance process. Remains to be determined at final hearing.

Claimant (aged 71, over nominal retirement age) alleges respondent failed to engage seriously with complaints/grievance because of his age, assuming he would soon retire and problem would 'go away'. Comparator is hypothetical person below retirement age (under 65).

Claimant's amendment application to add age harassment allegations (s26 Equality Act 2010) was granted without objection. Allegations already before tribunal and harassment is statutory alternative to direct discrimination with limited prejudice to respondent.

Claimant claims notice pay on basis resignation amounted to constructive dismissal and he is entitled to payment in lieu. Remains to be determined at final hearing.

Claim for underpayment of salary (£262,040) withdrawn. Tribunal had indicated claim was likely misconceived as no legal obligation to pay more than contractual salary and no jurisdiction to award 'fair' pay.

Claim relating to deductions from pay/bonus in 2023 withdrawn by claimant.

Claim relating to IKOS intellectual property (seeking specific performance of contract to sell patent for 1 euro or damages potentially running to millions) withdrawn. Tribunal had warned claimant that tribunal has no jurisdiction for specific performance and damages limited to £25,000.

Claim for accrued but unpaid holiday pay withdrawn by claimant.

Victimisation claim under s27 Equality Act 2010 withdrawn by claimant.