Claimant v Arcus FM Limited
Outcome
Individual claims
The tribunal did not uphold the claim for protected disclosure detriment under Section 47B Employment Rights Act 1996. Reasons were given orally at the hearing but not set out in written form in this judgment.
The tribunal did not uphold the claim for automatic unfair dismissal for whistleblowing under Section 103A Employment Rights Act 1996. Reasons were given orally at the hearing but not set out in written form in this judgment.
The tribunal did not uphold the claim for ordinary unfair dismissal under Section 94 Employment Rights Act 1996. Reasons were given orally at the hearing but not set out in written form in this judgment.
Facts
Mr Tebani brought claims against his former employer Arcus FM Limited alleging that he had been subjected to detriment and ultimately dismissed for making protected disclosures (whistleblowing). The case was heard over four days in May 2025 before a full tribunal panel. The claimant represented himself while the respondent was represented by a consultant. Reasons for the tribunal's decision were given orally at the hearing.
Decision
The tribunal dismissed all three claims brought by the claimant. It found that there was no protected disclosure detriment under s.47B ERA 1996, no automatic unfair dismissal for whistleblowing under s.103A ERA 1996, and no ordinary unfair dismissal under s.94 ERA 1996. The tribunal provided oral reasons at the hearing but did not issue written reasons with this judgment.
Practical note
This case demonstrates that whistleblowing claims require strong evidence that qualifying disclosures were made and that any detriment or dismissal was causally linked to those disclosures, which the claimant failed to establish here.
Legal authorities cited
Statutes
Case details
- Case number
- 6004446/2024
- Decision date
- 9 May 2025
- Hearing type
- full merits
- Hearing days
- 4
- Classification
- contested
Respondent
- Name
- Arcus FM Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No