The Carrbridge Centre Ltd

Case Summary

The claimant was dismissed from her position as a Community Support Worker on 30 September 2024 after approximately 3 years and 9 months of employment. She claimed unfair dismissal and detriments arising from the making of protected disclosures. The tribunal found the unfair dismissal complaint well-founded but dismissed the complaint of detriment for making protected disclosures. The case was adjourned to a remedy hearing to determine compensation, including consideration of Polkey, ACAS Code adjustments, and contributory fault.

The tribunal found the claimant was unfairly dismissed because the respondent failed to follow fair and reasonable disciplinary procedures. The protected disclosure complaint was dismissed because the tribunal was not satisfied that the claimant made qualifying disclosures under section 43B of the Employment Rights Act 1996 or that any detriments were suffered for making such disclosures.

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• •Whether there was a dismissal
• •Whether the respondent established the reason or principal reason for dismissal (conduct)
• •Whether conduct was a potentially fair reason under section 98 Employment Rights Act 1996
• •Whether the reason for dismissal was the making of a protected disclosure
• •Whether the respondent acted reasonably in treating conduct as a sufficient reason to dismiss
• •Whether the claimant made qualifying disclosures under section 43B Employment Rights Act 1996
• •Whether any detriments were suffered for making protected disclosures

The full source document is available from the official publication page.