2207030/2020Dismissed

Google UK Ltd and others

v Mr R Frewer

26 August 2022·Employment Tribunal·England & Wales·Employment Judge Glennie

Respondent

Google UK Ltd and others

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Decision date

26 August 2022

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Glennie

Case Summary

The Tribunal dismissed all complaints made by Mr R Frewer against Google UK Ltd and others, including unfair dismissal, automatic unfair dismissal, detriment for making protected disclosures, wrongful dismissal, and disability discrimination.

Why this outcome?

Claim not well-founded

The tribunal dismissed all of Mr Frewer's complaints following a full hearing, finding that his claims for unfair dismissal, automatic unfair dismissal, detriment for protected disclosures, wrongful dismissal, and disability discrimination were not well-founded on their merits.

Key Issues

  • reasons for the Claimant’s dismissal
  • whether the First Respondent acted reasonably or unreasonably in dismissing the Claimant
  • treatment of a hypothetical nondisabled comparator
  • treatment because of something arising in consequence of disability
  • whether the Claimant made protected disclosures
  • whether the Claimant was dismissed because he made protected disclosures
  • whether the Claimant was subjected to detriment for making protected disclosures
  • whether the First Respondent contractually entitled to dismiss the Claimant without notice
  • chance that the Claimant would have been dismissed even if any procedural unfairness had been remedied
  • whether the Claimant contributed to his dismissal by his own conduct

Decision Text

Full PDF

1 THE EMPLOYMENT TRIBUNALS Claimant Respondent Mr R Frewer v (1) Google UK Limited (2) Tim Chatwin (3) Richard Turner (4) Noah Samuels Heard at: London Central On: 16-20, 23-24 May 2022 25 May 2022 in Chambers Before: Employment Judge Glennie Mr P de Chaumont-Rambert Mr D Shaw Representation: Claimant: Mr Harding (Counsel) Respondent: Mr Stone (Counsel) JUDGMENT The unanimous judgment of the Tribunal is that the complaints are all dismissed. REASONS 1. By his claim to the Tribunal, the Claimant, Mr Frewer, made complaints of unfair dismissal (both “ordinary” unfair dismissal and automatic unfair dismissal by reason of making protected disclosures); detriment for making 2 protected disclosures; wrongful dismissal (non-payment of notice pay) and disability discrimination. The Respondents all resisted these complaints. 2. The Tribunal is unanimous in the reasons that follow. The issues 3. The list of issues as agreed by the parties is extensive and appears at pages 115-123 of the agreed bundle. The essential questions to be determined by the Tribunal were as follows: 3.1 What was the reason / were the reasons for the Claimant’s dismissal. 3.2 Did the First Respondent act reasonably or unreasonably in dismissing the Claimant. 3.3 Was the Claimant treated less favourably than a hypothetical nondisabled comparator (it being accepted that he was at all material times disabled by reason of depression) in that he was dismissed and his appeal against dismissal was dismissed. 3.4 Was the same treatment

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