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1600426/2016

Kingspan Ltd

10 June 2021England & Wales
GOV.UK

Claim Types

Cited Laws and Legal Issues

Employment Rights Act 1996 section 13Employment Rights Act 1996

also provides that a worker has a right not to suffer unauthorised deductions from wages, that is a deduction that is not authorised by

Employment Rights Act 1996 unfair dismissalEmployment Rights Act 1996

the termination of the Claimant’s employment. 6. Unfair dismissal section 98 ERA 1996 6.7. Did the Respondent dismiss

Equality Act 2010 disability discriminationEquality Act 2010

tutory right. This claim fails and is dismissed. 3 Disability Discrimination: 3.1 Discrimination arising: wrist pain and discomfo

Protected disclosures / whistleblowingEmployment Rights Act 1996

l Health”, Ongoing victimisation because of grievances/whistleblowing/approach to Health and Safety role”, “Health and Sa

Working Time Regulations 1998Working Time Regulations 1998

ion and Labour Relations (Consolidation) Act 1992, the Working Time Regulations 1998, and other listed regulations. Case No.:1600426/2

Decision Text

Case No.:1600426/2016 1600050/2018 1600899/2018 (Admin Code: V) 1 EMPLOYMENT TRIBUNALS Claimant: Mr M. Gregory Respondent: Kingspan Ltd. HELD AT: Mold Wrexham ON: 4 th – 8 th & 11 th – 15 th March 2019 & (hybrid) 26 th – 28 th April 2021 In chambers 28 – 29 th April 2021 & 10 th June 2021 BEFORE: Employment Judge T. Vincent Ryan Ms. C. Peel Mr. J. Albino REPRESENTATION: Claimant: Ms A. Pitt, Counsel Respondent: Mr. C. Breen, Counsel RESERVED JUDGMENT The unanimous judgment of the Tribunal is: 1. Public Interest disclosures: 1.1 Disclosures: the claimant made protected disclosures, relating to health and safety and breaches of legal obligation, as alleged, as follows: 1.1.1 Comments made by the Claimant on January 27th in relation to alleged health and safety matters. 1.1.2 In the Claimant’s grievance on 14 th - 15th April 2016. 1.1.3 In an email to the Respondent’s board of directors on 20th June 2016. 1.1.4 In an email to Mr. Peter Bullough and Mr Philip Smith 13th September 2016. Case No.:1600426/2016 1600050/2018 1600899/2018 (Admin Code: V) 2 1.1.5 In emails of 3rd and 4th May 2018 to the Respondent’s board of directors. 1.2 Detriments: The Claimant was not subjected to any detriment by any act, or any deliberate failure to act, by the Respondent done on the ground that he made a protected disclosure(s). This claim fails and is dismissed. 1.3 Dismissal: the reason, or principal reason, for the Claimant’s dismissal was a breakdown in the relationship of trust and confidence and was not that he made protected disclosures; the breakdown in the relationship was not caused by the fact that the disclosures were made and the decision to dismiss was not materially influenced by the disclosures. This claim fails and is dismissed. 2 Assertion of statu...

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Case Details

Case Number
1600426/2016
Tribunal
Employment Tribunal
Level
First instance
Decision Date
10/06/2021
Published
16/06/2021
Jurisdiction
England & Wales