Whistleblowing Employment Tribunal Cases

The claimant brought a discrimination claim alleging the first respondent failed to invite him to interview because of his disability. The tribunal found the claimant's conduct of proceedings to be unreasonable, scandalous and vexatious, including repeated non-attendance at hearings, excessive correspondence, and failure to comply with orders for medical evidence. The claim was struck out and the claimant ordered to pay £20,000 in costs to the first respondent.

The claimant's complaint of unfair dismissal was upheld, and the tribunal found that the claimant's complaint of failure to make reasonable adjustments also succeeded. However, the complaints relating to detriment for making a protected disclosure, victimisation, harassment, and unlawful deduction from wages were dismissed. The tribunal awarded a total of £56,621.45 comprising a basic award of £1,929, compensatory award of £42,230, injury to feelings of £11,000, and interest of £1,462.

The claimant brought claims for unfair dismissal (including automatic unfair dismissal for protected disclosure), breach of contract regarding notice pay, and unlawful wage deduction. The complaint of unauthorised wage deduction was withdrawn on settlement. The tribunal found the complaint of breach of contract in relation to notice pay to be well-founded.

The claimant brought claims for wrongful dismissal, whistleblowing detriment, automatically unfair dismissal, disability discrimination, and breach of contract, all of which were dismissed as not well-founded. The tribunal found the claimant's claim for unlawful deduction of wages well-founded regarding unpaid accrued holiday pay, awarding £23.33. A breach of contract claim was found well-founded but caused no loss, resulting in no compensation.

Mr D McCormick, employed as a Head Chef from November 2023, claimed unlawful deduction from wages and breach of contract for failure to pay overtime. The tribunal found the claimant's claim well founded and ordered the respondent to pay £2,908.50 for 144.63 hours of overtime at £20.11 per hour, based on Planday system records showing hours worked in excess of the contracted 1740 annual hours.

The claimant's claim partially succeeds - she is awarded compensation for 3.5 days' worth of accrued but untaken annual leave. The rest of her claims, including unfair dismissal, whistleblowing, and unlawful deductions, are dismissed.