Claimant v Ethica Care Services Limited

The tribunal found that the claimant made protected disclosures to the first and third respondents and that the first and/or third respondents subjected the claimant to three specific detriments on the ground that he made those protected disclosures: being made to take leave from 3 February 2023, being asked whose side he was on and told that if he was on the first respondent's side the third respondent would have his back on 9 February 2023, and being denied work between 3 and 23 February 2023.

The tribunal found that the first and/or third respondents subjected the claimant to detriments contrary to section 47B ERA specifically relating to: being made to take leave from 3 February 2023, intimidating treatment on 9 February 2023, and failure to provide work between 3 and 23 February 2023.

The tribunal found that the first respondent breached the claimant's rights to daily rest under regulation 10 WTR on multiple dates between October and December 2022, and breached his right to weekly rest under regulation 11 WTR for two specific periods: 21 October - 13 November 2022 and 26 November - 11 December 2022. The complaints were brought out of time but the tribunal extended time as it was not reasonably practicable to bring the complaints within the primary limitation period.

The complaint that the fourth respondent subjected the claimant to a detriment by telling the claimant that he was not entitled to bring a grievance was dismissed upon the claimant's withdrawal.

The complaint that the claimant suffered a detriment for raising health and safety concerns contrary to section 44(1)(c) ERA was dismissed by the tribunal without detailed reasoning provided in this judgment summary.