Cases3305299/2024

Claimant v Bristol Street Fourth Investments Limited

8 April 2025Before Employment Judge PostleNorwichremote video

Outcome

Claimant fails

Individual claims

Whistleblowingstruck out

The tribunal found the disclosure was not a qualifying protected disclosure under s.43B and s.43C ERA 1996. The disclosure was made to a third party (Mr Gideon of Nissan UK) who was not responsible for the alleged failure. The disclosure was not made in the public interest but was self-serving, relating to a private commercial matter. The claim had no reasonable prospect of success and was struck out.

Detrimentstruck out

The alleged detriments could not be causally linked to the protected disclosure. The first alleged detriment (refusal of solution on 6 March 2024) pre-dated the disclosure made on 7 March 2024. The respondent's witnesses denied the confrontation took place. Mr Yeomans had no knowledge of any protected disclosure.

Automatic Unfair Dismissalstruck out

No causal link established between dismissal and any protected disclosure. The decision-maker Mr Green had already initiated probationary review proceedings on 5 March 2024, before the alleged disclosure. Mr Green had no knowledge of any protected disclosure. The dismissal letter dated 14 March 2024 set out reasons unrelated to any disclosure. The claimant had less than two years' service and failed to establish the necessary causal link.

Facts

The claimant was dismissed during his probationary period on 14 March 2024. He alleged he made a protected disclosure on 7 March 2024 to Mr Gideon of Nissan UK about the respondent's conduct. The claimant claimed this led to detriments including refusal of a proposed solution and being invited to a probationary review meeting, ultimately resulting in his dismissal. The respondent denied the allegations and provided evidence that the probationary review was initiated on 5 March 2024, before the alleged disclosure, and that the decision-maker had no knowledge of any disclosure.

Decision

The tribunal struck out all whistleblowing claims as having no reasonable prospect of success. The disclosure was not a qualifying protected disclosure because it was made to a third party who was not responsible for the alleged failure, it was not made in the public interest but was self-serving about a private commercial matter, and there was no causal link between the disclosure and the alleged detriments or dismissal.

Practical note

A disclosure to a third party about an employer's conduct fails the s.43C test if the third party is not responsible for the relevant failure, and a disclosure about private commercial disputes between parties will not satisfy the public interest requirement even if the claimant subjectively believes it does.

Legal authorities cited

Chesterton Global Limited (t/a Chestertons) & Anr v Nurmohamed (Public Concern at Work Intervening) [2018] ICR 731

Statutes

ERA 1996 s.43BERA 1996 s.43C(1)(b)Employment Tribunal Rules of Procedure 2024 Rule 38(1)(a)ERA 1996 s.43C

Case details

Case number
3305299/2024
Decision date
8 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No