Claimant v Pintplace Limited

The Tribunal found as a matter of fact that the claimant did not make the alleged protected disclosure to Mr McIntosh on 2 March 2024. The claimant's evidence was not credible, inconsistent with his pleadings, and vague in detail. As no disclosure was made, there could be no claim of dismissal for making a protected disclosure.

As the Tribunal found that the claimant did not make a protected disclosure, there could be no claim that he suffered detriment as a result of making such a disclosure.

Wrongful dismissal claim was accepted by the respondents and one week's notice pay was paid to the claimant. This head of claim was dismissed and not considered at the hearing.

Failure to provide statement of employment particulars claim failed because Section 38(2) Employment Act 2002 does not give a standalone right to compensation; it depends on a successful principal claim. As the automatic unfair dismissal claim failed, no remedy was available.

Failure to provide itemised pay statements claim failed due to absence of evidence from the claimant. The respondent showed pay statements were made available online. The Tribunal accepted that providing access to pay statements online satisfies Section 8 ERA 1996.