Claimant v Right Choice Services

The tribunal accepted the claimant's texts on 25 February 2023 about young people smoking cannabis were protected disclosures, as they contained information, were in the public interest, and tended to show a legal failing. However, the texts were not the sole or principal reason for dismissal. The trigger for the investigation and dismissal was the allegations made by the young people about how the claimant had treated them on 25-27 February 2023, combined with his short service.

The claimant alleged failures to provide training, denial of promotion, less favourable treatment compared to colleagues, and a deficient disciplinary process. The tribunal found no evidence that the claimant was treated less favourably than comparators or that any treatment was due to race. The claimant failed to prove facts from which discrimination could be inferred, so the burden of proof did not shift.

The tribunal accepted that Tara Young made comments about the claimant's English during supervision, and that Deborah Lawrence made comments about non-British employees' language barriers. However, in the case of Young's comments, they were made in a supportive context during supervision and were not unwanted. Lawrence's comments, while unwanted, did not meet the objective standard required for harassment.

The tribunal found that while the claimant's conduct during the nights of 25-27 February 2023 may have fallen short, it did not amount to gross misconduct justifying summary dismissal. The most serious allegations against the claimant (grabbing a young person by both arms) were not substantiated by evidence. Other incidents were either accidental, brief, or reasonable in the circumstances. Therefore, there was no breach of contract warranting dismissal without notice.