Copart UK Ltd

Case Summary

The Claimant brought claims of automatic unfair dismissal and whistleblowing. The claims were dismissed.

The tribunal found that the claimant's claims of automatic unfair dismissal and whistleblowing were not substantiated after a full hearing on the merits.

• •protected disclosure
• •automatically unfair dismissal
• •health and safety dismissal

1 MK EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent Miss E Hortas and Copart UK Limited Held by CVP on 1 and 2 December 2021 Representation Claimant: Mr N Hortas. Grandfather Respondent: Mr C Howells, Counsel Members: Ms C Smith Mr I Middleton Employment Judge Kurrein Statement on behalf of the Senior President of Tribunals This has been a remote hearing that has not objected to by the parties. A face to face hearing was not held because it was not practicable and all issues could be determined in a remote hearing. The documents that I was referred to are in a bundle of 926 pages, the contents of which I have recorded. JUDGMENT The Claimants claims are not well founded and must be dismissed REASONS The Claims and Issues 1 On 22 April 2020 the Claimant, having completed early conciliation, presented a claim to the tribunal alleging she had been automatically unfairly dismissed and discriminated against. 2 The Respondent presented a response in which it denied those allegations and asserted that the Claimant had been dismissed for misconduct. 2 3 A preliminary hearing took place before EJ Moore on 2 February 2021 at which the issues in the case were defined. The discrimination claims were withdrawn. A List of Issues was subsequently agreed, as follows:- Protected disclosure 1. Did the email sent by C to Jane Pocock on 25 March 2020 contain a qualifying disclosure (s.43B(1)(b) and (d))? 1. If so, were those qualifying disclosures made in accordance with s.43C ERA 1996? Automatically unfair dismissal- s.103A ERA 1996 3. Was the reason or principal reason for dismissal that C made a protected disclosure? H&S dismissal- Section 100(1)(c) ERA 1996 4. Was it not reasonably practicable for C to raise her concerns with R’s H&S representative? 5. If so, did C raise her concerns with R by reasonable means? 6. Did the concerns raised b…