Claimant v Bidvest Noonan (UK) Limited
Outcome
Individual claims
The tribunal found that the claimant was dismissed for making a protected disclosure under section 103A of the Employment Rights Act 1996. The dismissal was therefore automatically unfair. The tribunal decided that no reduction for contributory fault should apply.
The tribunal found that the claimant was subjected to a detriment because he made a protected disclosure, in breach of section 47B of the Employment Rights Act 1996. The claim was therefore well-founded.
Facts
Mr Nicholas Platt was employed by Bidvest Noonan (UK) Ltd and was dismissed from his employment. Prior to his dismissal, he made protected disclosures (whistleblowing). The claimant alleged that his dismissal and the detriments he suffered were because he made those protected disclosures.
Decision
The tribunal found that the claimant was automatically unfairly dismissed because he made protected disclosures under section 103A ERA 1996, and that he was subjected to detriments under section 47B ERA 1996 for the same reason. The tribunal rejected any reduction for contributory fault. A remedy hearing has been listed to determine compensation.
Practical note
An employee dismissed for making whistleblowing disclosures will succeed in an automatic unfair dismissal claim and may face no reduction for contributory fault even if their conduct was questioned by the employer.
Legal authorities cited
Statutes
Case details
- Case number
- 2220669/2024
- Decision date
- 30 April 2025
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister