Mr S Ram v DPD Group UK Limited — 2024

The Claimant, a Deckhand employed by DPD Group UK Limited, made protected disclosures in August 2021 about the supply and consumption of illegal drugs in the workplace, naming several employees and managers (including Mr Gaddu and Mr Baum) as either involved or turning a blind eye. The Respondent's hub manager Mr Walstow acted promptly, arranging drug tests that returned five positive results from seven, leading to suspensions and terminations. The Tribunal made no finding of fact that Mr Gaddu or Mr Baum were themselves involved in drug activity.

The Tribunal upheld two of the alleged detriments. First, on 31 August 2021, Mr Baum, the General Manager, confronted the Claimant on the shop floor saying "I am not on drugs", "you can piss test me" and that the Claimant "could have been smarter about this". Second, on 2 November 2021, Mr Gaddu brushed aside death threats the Claimant said he had received. The Tribunal found these were detriments done on the ground of the protected disclosure, treating them as a series of similar acts within ERA section 48(3) and therefore in time. The Tribunal was critical of Mr Baum's evidence, concluding he had been deliberately evasive. The Claimant's other detriment complaints were either withdrawn at the start of the hearing or found not well-founded.

On remedy, the Tribunal awarded £10,000 for injury to feelings, placing the award just above the lower Vento band and at the bottom of the middle band. It noted it could only compensate the Claimant for injury caused by the matters upheld, not for upset arising from other matters such as removal from Man Rider duties, disciplinary proceedings, or the threatening phone calls from a colleague. Interest of £2,336.44 was added (8% over 1,066 days from 2 November 2021), bringing the total award to £12,336.44.