Claimant v Fertility Network UK

Tribunal found that only Disclosures 1 and 4 (concerning breach of grant terms) were protected disclosures. However, all allegations that the respondent subjected the claimant to detriments because she made protected disclosures failed. The respondent proved that the detrimental treatment had nothing whatsoever to do with the protected disclosures. Each alleged detriment either did not occur, did not amount to a detriment, or was caused by legitimate reasons unrelated to the disclosures.

Claimant alleged breach of implied term of trust and confidence and non-payment of overtime. Tribunal found no express or implied contractual right to paid overtime existed. The TOIL policy was clear and payments were discretionary exceptions, not contractual entitlements. Regarding trust and confidence, the respondent had reasonable and proper cause for all acts complained of. The tribunal found no fundamental breach of contract, so the resignation did not amount to constructive dismissal.

Claimant claimed 18 hours unpaid overtime (£263.88). Tribunal found no express or implied contractual term entitling claimant to paid overtime. The written contract provided for TOIL only if agreed in advance. Custom and practice did not establish a contractual right. The TOIL policy was incompatible with any implied right to paid overtime. Claim failed on merits.

Same claim as breach of contract for 18 hours overtime. Failed for same reasons: no express or implied contractual right to paid overtime established. Without a contractual entitlement to the payment, there could be no unlawful deduction.