MISS LISA-MARIE GRAHAM v Disability Solutions (west Midlands) Limited — 2024

The claimant worked for the respondent charity from 2 August 2021 until 12 January 2023. The tribunal rejected the earliest alleged protected disclosures altogether, finding that PD1, PD2 and PD3 were not proved. It accepted only limited disclosures in relation to PD4 to PD7: on 8 December 2022 the claimant told Cate Arnold about Mr Lovatt's remark about stabbing Duncan with a chair; on 12 December 2022 she showed Ms Santoro and Mr Walker Mr Lovatt's 9 December text asking, 'Random question, you got a bath or shower?'; on the same day she raised the text message and some comments made by employee M with the Board of Trustees; and on 15 December 2022 she filed a grievance raising, in particular, the dogging comment, the chair-stabbing remark and the text message.

Applying section 43B ERA 1996 and the authorities cited in the reasons, the tribunal held that none of the disclosures were made in the reasonable belief that they were in the public interest. It found the matters were essentially complaints about personal treatment by a small number of colleagues, rather than issues engaging wider public interest. It therefore dismissed the automatically unfair constructive dismissal claim and the whistleblowing detriment claim. It also rejected the alleged detriments said to have followed the grievance, finding that Ms Rollins was supportive rather than hostile after 15 December 2022 and did not ignore or shout at the claimant as alleged.

On harassment, the tribunal found two incidents had occurred: employee M's 'who did you have to sleep with [or shag] to get that' remark about the claimant's fish and chips on 6 October 2022, and his 'come and watch' comment when the claimant said she was going to the toilet on 5 September 2022. It held those were unwanted conduct of a sexual nature, but the claims were out of time because they pre-dated 14 October 2022, and it refused to extend time on just and equitable grounds. The tribunal also dismissed the sex discrimination / discriminatory constructive dismissal claim, holding that those incidents did not sufficiently influence the claimant's resignation, which was instead found to arise mainly from her perceived breakdown in relations with Mr Lovatt and Ms Rollins. The notice pay claim failed because there was no constructive dismissal, and the holiday pay claim was withdrawn after the claimant accepted she had been paid all holiday due.