Claimant v British Airways Plc
Outcome
Individual claims
The tribunal heard evidence over three days on the claimant's allegations that he suffered detriments for making protected disclosures under whistleblowing legislation. After considering the evidence and submissions from both counsel, the tribunal found that the claims were not established and dismissed them.
The tribunal considered the claimant's age discrimination claim following a three-day hearing. After evaluating the evidence presented by both parties and hearing legal submissions, the tribunal concluded that the claimant had not proven facts from which age discrimination could be inferred and dismissed the claim.
Facts
Mr Gard was employed by British Airways and brought claims alleging he suffered detriments for making protected disclosures (whistleblowing) and that he was subjected to age discrimination. The case was heard over three days at Watford Employment Tribunal with both parties represented by counsel. The tribunal heard evidence from witnesses for both sides.
Decision
The tribunal dismissed both claims after a full merits hearing. The tribunal found that the claimant had not established that he suffered detriments on the ground of making protected disclosures, and had not proven facts sufficient to establish age discrimination.
Practical note
This case demonstrates that whistleblowing and age discrimination claims require cogent evidence to succeed, and mere allegations without substantiation will fail even after a full contested hearing.
Case details
- Case number
- 3314875/2020
- Decision date
- 10 April 2024
- Hearing type
- full merits
- Hearing days
- 3
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister