Claimant v Sustainable Energy First Limited
Outcome
Individual claims
The ordinary unfair dismissal claim under section 94 ERA 1996 was struck out as having no reasonable prospect of success, likely due to insufficient qualifying service or another jurisdictional bar.
The automatic unfair dismissal claim under section 103A ERA 1996 based on the alleged protected disclosure on 21 March 2024 at 2:06pm was struck out as having no reasonable prospect of success, but the claim based on the alleged protected disclosure on 15 March 2024 was allowed to proceed.
The whistleblowing detriment claim based on the alleged protected disclosure on 21 March 2024 at 2:06pm was struck out as having no reasonable prospect of success, but the claim based on the alleged protected disclosure on 15 March 2024 was allowed to proceed.
The victimisation complaint based on the alleged protected act on 21 March 2024 at 2:06pm was struck out as having no reasonable prospect of success, but the victimisation complaint based on the alleged protected act on 15 March 2024 was allowed to proceed.
Facts
The claimant brought claims including ordinary unfair dismissal, automatic unfair dismissal for whistleblowing, and victimisation. The respondent applied to strike out various claims. The claims relied on alleged protected disclosures and protected acts made on 15 March 2024 and 21 March 2024 at 2:06pm.
Decision
The tribunal struck out the ordinary unfair dismissal claim and the claims based on alleged protected acts/disclosures made on 21 March 2024 at 2:06pm as having no reasonable prospect of success. However, claims based on events of 15 March 2024 were allowed to proceed to a full hearing.
Practical note
Tribunals will scrutinize the timing and nature of alleged protected disclosures and protected acts, striking out claims based on specific communications that lack reasonable prospects while allowing other aspects of the case to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 2402883/2024
- Decision date
- 30 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No