Claimant v PH Water Technologies Ltd (trading as PH Water + Air Technologies Ltd)

The tribunal found that the claimant's colleagues were not aware of his protected spiritual belief, therefore that belief could not be the reason for any of the respondent's conduct. The tribunal also found that the claimant's use of specific emojis was not a manifestation of his protected belief and that colleagues did not understand them as such.

Although the tribunal upheld factually that the claimant was mocked in WhatsApp messages and that equipment was not supplied on three occasions, the tribunal found no connection between this conduct and the claimant's protected belief. The emojis were not a manifestation of his belief, and there was insufficient evidence to draw an inference that the conduct was related to his spiritual beliefs.

The tribunal found that the claimant made no qualifying disclosures, therefore no protected disclosures. Because no protected disclosures were made, the detriments (mocking messages, failure to supply equipment, dismissal) could not have been because of whistleblowing. Even if the communications had been protected disclosures, there was no evidence to draw an inference that they caused the detriments.

The tribunal found the reason for dismissal was the claimant's different working practices and ways of communicating, particularly his time spent on Daily Reports which the respondent considered irrelevant and his non-standard use of JobLogic. The tribunal was not satisfied that any alleged protected disclosures were the reason for dismissal.