Claimant v White Dove Garages Limited

Claimant had less than one month's continuous service so statutory minimum notice under s.86 ERA did not apply. No express contractual notice period. No evidence to support reasonable notice at common law given very short service and handbook terms.

Tribunal found claimant did not make protected disclosures as alleged on 17 and 18 April 2024. Claimant did not use formal legal language or complain of harassment/discrimination to RH or CS at those times; only complained about profanity and atmosphere.

Even if protected disclosures made, tribunal found decision to dismiss and process followed was not materially influenced by any disclosure but by respondent's concerns about claimant's conduct, performance, and disruptive effect on sales team.

Tribunal found decision to dismiss and failure to investigate or give notice was not materially influenced by any protected act. Dismissal decision made before protected act in meeting on 29 April. Respondent willing to investigate claimant's complaints separately.

Tribunal upheld harassment claims related to conduct of a sexual nature at 7.1.1.1 (sucked off), 7.1.1.3 (pool table sex tale), 7.1.1.4 (slag/blow job), 7.1.1.5 (masturbation/blow job), 7.1.1.6 (I wouldn't fuck her/Mojave desert). Conduct was unwanted, of sexual nature, violated claimant's dignity and created offensive environment. Reasonable for claimant to be offended despite banter among colleagues.

Tribunal upheld harassment claim at 7.1.1.7 relating to video referencing 'beating up of gay boys', 'cobra cunts', 'skinny cunts'. Conduct related to sexual orientation, was unwanted, violated claimant's dignity, created offensive environment, and reasonable for claimant to perceive it that way.

Tribunal dismissed harassment claims at 7.1.1.2 (losing virginity – no evidence found), 7.1.1.8 ('he's just being a cock'), 7.1.2 ('ripped my arse out', 'fucking helmet'). These were profanities/descriptors not conduct of a sexual nature in context.