Claimant v Lancaster University

The tribunal found the claimant had not established any entitlement to additional holiday pay for the Royal events as these were not incorporated into the Working Time Regulations. The respondent's goodwill gesture did not vary the underlying Terms of Engagement. The claimant had actually been paid slightly more than the original announcement provided for the Queen's funeral, and he failed to establish any deduction had been made for the Coronation.

The tribunal found that only one of four alleged disclosures (PD3 regarding the 12.07% holiday pay calculation method) constituted a protected disclosure. The other alleged disclosures either contained no information, related only to the claimant's personal circumstances, or involved beliefs about legal breaches that were not reasonably held. The tribunal found that PD3 did not materially influence Ms Barrow's decision to terminate the claimant's registration. Her decision was based on concerns about disproportionate management time and legal costs based on the claimant's previous tribunal claim and his conduct in litigation, not the protected disclosure.

The whistleblowing claim failed because although one protected disclosure was established (PD3 about the 12.07% holiday pay calculation being unlawful following Brazel), the tribunal found it had not materially influenced the decision maker (Ms Barrow) in terminating the claimant's engagement. The decision was based on concerns about the claimant's conduct in litigation and expected legal costs, not the protected disclosure itself.