2500360/2022Partial success

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

27 March 2026·Employment Tribunal·England & Wales·Employment Judge Sweeney

Respondent

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

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Decision date

27 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Sweeney

Case Summary

The claimant 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.

Why this outcome?

One claim dismissed on the merits

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.

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Key Issues

  • 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

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Original published judgment

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