Claimant v Vamos Kitchen Limited
Outcome
Individual claims
The tribunal found that the claimant did not do protected acts within the meaning of section 27 of the Equality Act 2010. Without establishing protected acts, the victimisation claim could not succeed and was therefore dismissed.
The tribunal determined that the claimant did not make protected disclosures within the meaning of section 43A of the Employment Rights Act 1996. Without protected disclosures being established, the whistleblowing claim failed and was dismissed.
Facts
The claimant brought claims of victimisation under the Equality Act 2010 and whistleblowing under the Employment Rights Act 1996 against his former employer, Vamos Kitchen Limited. At a preliminary hearing held at Leeds Employment Tribunal, the tribunal considered whether the claimant had established the foundational elements of his claims.
Decision
Employment Judge Shepherd dismissed both claims. The tribunal found that the claimant had not done protected acts within the meaning of section 27 EqA 2010, which meant the victimisation claim could not succeed. Similarly, the tribunal found the claimant had not made protected disclosures within section 43A ERA 1996, causing the whistleblowing claim to fail.
Practical note
A victimisation or whistleblowing claim will fail at a preliminary stage if the claimant cannot establish that they performed protected acts or made protected disclosures, which are threshold requirements for such claims to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 6013763/2024
- Decision date
- 22 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No