Claimant v Yellow Rose Healthcare Limited
Outcome
Individual claims
The tribunal found that the reason or principal reason for the claimant's dismissal was the making of a protected interest disclosure. The claim was well founded and succeeded.
Withdrawn by the claimant after the respondent paid the sums due in satisfaction of the claim.
The notice pay claim was withdrawn by the claimant after the respondent paid the sums due in satisfaction of the claim.
Facts
Mr Sikaruva was employed by Yellow Rose Healthcare Limited and made a protected interest disclosure (whistleblowing). He was subsequently dismissed. The claimant also brought claims for unpaid holiday pay and notice pay, which the respondent paid during the proceedings.
Decision
The tribunal unanimously found that the reason or principal reason for the claimant's dismissal was the making of a protected interest disclosure, and the whistleblowing claim succeeded. The holiday pay and notice pay claims were withdrawn after the respondent paid the amounts due. Compensation will be determined at a remedy hearing.
Practical note
Employers who dismiss employees for making protected disclosures face liability for automatic unfair dismissal under whistleblowing legislation, with compensation to be determined at remedy.
Case details
- Case number
- 6000582/2024
- Decision date
- 21 May 2025
- Hearing type
- full merits
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No