Cases2301570/2024

Claimant v Ocado Central Services Limited

7 March 2025Before Employment Judge Grahame AndersonLondon Southremote video

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalfailed

The tribunal found that the claimant's dismissal was not automatically unfair under s.103A ERA 1996 (whistleblowing dismissal). The claim was not well founded following a full merits hearing over three days.

Automatic Unfair Dismissalfailed

The tribunal found that the claimant's dismissal was not automatically unfair under s.100(1)(d) ERA 1996 (dismissal for health and safety reasons). The claim was not well founded following a full merits hearing.

Detrimentfailed

The tribunal found that the claimant did not suffer detriment due to whistleblowing under s.47B ERA 1996. The claim was dismissed as not well founded after considering evidence over three days.

Detrimentfailed

The tribunal found that the claimant did not suffer detriment due to raising health and safety matters under s.44 ERA 1996. The claim was dismissed as not well founded following the full hearing.

Facts

Mr Oake brought claims against Ocado Central Services Limited alleging that he was automatically unfairly dismissed for making protected disclosures (whistleblowing) and for raising health and safety concerns. He also claimed he suffered detriments for the same reasons. The case was heard over three days via CVP at London South tribunal.

Decision

The tribunal dismissed all of Mr Oake's claims, finding that his dismissal was not automatically unfair under whistleblowing or health and safety provisions, and that he had not suffered detriments for those reasons. Oral reasons were given at the hearing.

Practical note

A self-represented claimant failed to establish that his dismissal was automatically unfair due to whistleblowing or health and safety concerns, with all associated detriment claims also dismissed after a three-day hearing.

Legal authorities cited

Statutes

ERA 1996 s.103AERA 1996 s.100(1)(d)ERA 1996 s.47BERA 1996 s.44

Case details

Case number
2301570/2024
Decision date
7 March 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No