C Best and others as Trustees of Gateway North East (a Registered Charity)

Case Summary

Mr A Wright claimed unfair dismissal against the trustees of Gateway North East, a registered charity. The tribunal found his claim of ordinary unfair dismissal well-founded and succeeding, but dismissed his claims for automatic unfair dismissal based on protected disclosure and detrimental treatment. The respondent was found to have unreasonably failed to comply with the ACAS Code of Practice, resulting in a 10% uplift to the compensatory award.

The tribunal found the dismissal unfair because the respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures, and was in breach of section 4 Employment Rights Act 1996 in failing to provide updated particulars of employment. However, the claims for automatic unfair dismissal on grounds of protected disclosure and detrimental treatment under section 47B were not established on the evidence.

• •ordinary unfair dismissal
• •automatic unfair dismissal on grounds of protected disclosure
• •detriment under section 47B Employment Rights Act 1996
• •failure to comply with ACAS Code of Practice on Disciplinary and Grievance Procedures
• •breach of section 4 Employment Rights Act 1996

Case Nos:2500360/2022 1 EMPLOYMENT TRIBUNALS Claimant: Mr A Wright Respondents: (1) Callie Best (2) Angela Beaston (3) Natasha Beaston (4) Jennifer Post (5) Brian Breen as trustees of Gateway North East (a registered charity) Heard at: Newcastle Employment Tribunal On: 5 th , 6 th and 20 th October 2023 Before: Employment Judge Sweeney Stuart Moules Steve Wykes Appearances For the Claimant, In person For the Respondent, Ms J Fearn JUDGMENT 1. The Claimant’s claim of ordinary unfair dismissal is well-founded and succeeds. 2. The Claimant’s claim that he was automatically unfairly dismissed on grounds that he made a protected disclosure is not well-founded and is dismissed. 3. The Claimant’s claim under section 48 Employment Rights Act 1996 that he was subjected to a detriment in contravention of section 47B of that Act is not well-founded and is dismissed. 4. The Respondent unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures. The compensatory award is increased by 10%. 5. At the date of commencement of proceedings, the Respondent was in breach of section 4 Employment Rights Act 1996. Case Nos:2500360/2022 2 REMEDY 6. The Respondent is ordered to pay to the Claimant the sum of £22,943.73 consisting of: a. A Basic Award of £2,880 b. A Compensatory Award of £20,063.73 7. For the purposes of the Employment Protection (Recoupment of Jobseeker’s Allowance and Income Support) Regulations 1996 Regulations the Prescribed Period is 06 January 2022 to 15 March 2023. The Total Award payable is £22,943.73 and the Prescribed Element is £18,745.73. 8. The calculations in arriving at the above amounts are as follows: BASIC AWARD: £2,880 (£384 X 1.5 X 5 years’ service) COMPENSATORY AWARD: £20,063.73 consisting of: a. £16,338.85 (loss of salary fr…