Claimant v CAREERVANTAGEUK Limited

The tribunal found that the claimant's email of 4 October 2021 and subsequent emails amounted to qualifying and protected disclosures under Section 43B ERA 1996, as they disclosed information about misuse of the furlough scheme (employees working full-time while 80% furlough payments were claimed), which the claimant reasonably believed showed breach of legal obligation and/or criminal offence, and was in the public interest. The disclosures were made to the employer.

The tribunal found that the claimant had been subjected to the detriments set out in his ET1 and witness statement, and that this treatment was on the ground that he had made protected disclosures contrary to Section 47B ERA 1996. The respondent failed to appear or provide evidence to contest this.

The tribunal found that the principal reason for the claimant's dismissal was that he had made protected disclosures, rendering the dismissal automatically unfair under Section 103A ERA 1996. The respondent did not attend to provide any alternative explanation for the dismissal.