Claimant v New Futures (Scotland) Limited
Outcome
Individual claims
The tribunal found that the sole or principal reason for dismissal was not a protected disclosure under s.103A ERA 1996. Because automatic unfair dismissal was not established, the claimant lacked the two years' qualifying service required under sections 94 and 108 ERA 1996 to bring an ordinary unfair dismissal claim.
The tribunal determined that the claimant's dismissal was not caused by making a protected disclosure. The claim for automatic unfair dismissal on whistleblowing grounds under s.103A ERA 1996 therefore failed.
Facts
The claimant, Mr Wilson, brought claims of unfair dismissal against New Futures (Scotland) Limited, alleging his dismissal was because he had made a protected disclosure (whistleblowing). The respondent did not attend the hearing and had not entered a response. The claimant appeared in person and the tribunal heard the case on 9 June 2025 in Glasgow.
Decision
The tribunal found that the claimant's dismissal was not because he made a protected disclosure under s.103A ERA 1996. Without establishing automatic unfair dismissal on whistleblowing grounds, the claimant did not have the two years' qualifying service necessary to bring an ordinary unfair dismissal claim under ss.94 and 108 ERA 1996. Both claims therefore failed.
Practical note
Even where a respondent does not participate, a claimant alleging whistleblowing dismissal must prove to the tribunal that the protected disclosure was the reason for dismissal; failure to establish this means the qualifying service requirement applies to bar ordinary unfair dismissal claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6011814/2025
- Decision date
- 17 June 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No