Claimant v Ashbury Labelling Limited

The tribunal found only one protected disclosure was made (December 2022 to Jamin Edwards about breach of contract). However, the respondent provided clear evidence that the principal reason for dismissal was the breakdown of relationship with Tesco client, specifically Peter Barr's formal concerns about the claimant's capability. After being removed from Tesco account, no alternative roles were available and Helen McCabe was appointed to M&S. The protected disclosure in December 2022 was followed by continued positive working relationship with Edwards until dismissal in March 2023. The tribunal concluded the respondent showed a clear and cogent reason for dismissal unconnected to the protected disclosure.

Three alleged detriments were claimed: (1) failure to provide appeal - not a detriment as no legal entitlement and no evidence decision-maker Adam Beckles knew of protected disclosure; (2) removal from M&S contract - this was a detriment but tribunal found clear evidence Helen McCabe was appointed due to her expert knowledge and long relationship with M&S, not because of protected disclosure; (3) delay responding to solicitor's letter - not a detriment as no obligation to respond and HR manager who made decision had no knowledge of disclosures beyond what was in the letter. Only one of four alleged protected disclosures was upheld (December 2022 to Edwards re breach of contract), but none of the detriments were found to be because of this disclosure.