The Stockport Canal Boat Trust for Disabled People

Case Summary

The claimant, employed as a boat manager/skipper by the respondent, resigned on 29 June 2024 claiming constructive dismissal and alleging he made various protected disclosures about health and safety issues with the canal narrowboat 'New Horizons', and was subjected to detriments because of these disclosures. The tribunal found that the claimant's complaints of constructive unfair dismissal and detriments contrary to whistleblowing protections all failed and were dismissed.

The tribunal found that although the claimant may have made protected disclosures regarding health and safety issues with the boat, he failed to establish that any detriments were materially influenced by those disclosures. The respondent trustees' treatment of the claimant was driven by their concern about his failure to manage operational and safety matters effectively on 29 June 2024, not because of protected disclosures.

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• •Whether claimant made qualifying protected disclosures under section 43B Employment Rights Act 1996
• •Whether claimant was constructively and unfairly dismissed under sections 98, 100(1)(c) and 103A Employment Rights Act 1996
• •Whether claimant was subjected to detriments contrary to sections 44 and 47B Employment Rights Act 1996
• •Whether respondent continually disregarded safety and wellbeing of claimant, staff and service users
• •Whether claimant was instructed to postpone boat maintenance and violate service user dignity
• •Whether detriments were materially influenced by protected disclosures

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