Claimant v Prestige Network Limited
Outcome
Individual claims
The parties consented to a declaration that the claimant was unfairly dismissed. The tribunal made the declaration by consent, indicating agreement between the parties that the dismissal was unfair.
The tribunal found the complaint that the claimant was dismissed because of making a protected disclosure was not well founded and dismissed it. The tribunal was not satisfied that whistleblowing was the reason for dismissal.
The tribunal found the complaint that the claimant was subjected to a detriment because of making a protected disclosure was not well founded and dismissed it. The tribunal did not accept that any detriments suffered were causally linked to protected disclosures.
The claimant's complaint of wrongful dismissal was dismissed by the tribunal. This suggests the tribunal found the respondent did not breach the claimant's contract in the manner of dismissal.
The tribunal found the respondent made an unlawful deduction from the claimant's wages and ordered payment of £3408.64 net (£4758.81 gross). The tribunal was satisfied the respondent had wrongly withheld wages due to the claimant.
The respondent's employer contract claim was dismissed. The tribunal did not uphold any counterclaim brought by the respondent for alleged breach of contract by the claimant.
Facts
Mr Mogg brought claims against Prestige Network Limited following his dismissal. The case involved two claim numbers suggesting multiple claims filed. The claimant alleged he was dismissed for making protected disclosures and subjected to detriments. The respondent brought a counterclaim for breach of contract. The hearing lasted six days at Reading Tribunal with both parties represented by counsel.
Decision
The tribunal found by consent that the dismissal was unfair but rejected the whistleblowing claims. The claimant succeeded on unlawful deduction of wages and was awarded total compensation of £11,166.21 including basic and compensatory awards for unfair dismissal, unpaid wages, and an ACAS uplift. The wrongful dismissal claim and the respondent's counterclaim were both dismissed.
Practical note
Even where unfair dismissal is established by consent, whistleblowing claims require separate proof of causation and will not automatically succeed; ACAS uplifts can significantly increase awards where procedural failures are identified.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 3308817/2022
- Decision date
- 15 May 2025
- Hearing type
- full merits
- Hearing days
- 6
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister