Mr R Johns (Counsel) For the v Respondent — 2020

The tribunal found that Mr Warr began employment with the Second Respondent on 1 September 2017 and was transferred to the First Respondent on 1 January 2018. It accepted that a draft contract circulated in May 2018 did not include the employment start date, so the section 1 ERA 1996 particulars complaint was made out, but section 38 of the Employment Act 2002 meant there was no compensation because no other complaint succeeded.

On the whistleblowing allegations, the tribunal accepted that Mr Warr reported an unguarded hole in the floor at Anchor House to Kristina Hall on 16 August 2018. Applying the mixed subjective/objective reasonable belief test in Korashi, it held that he did not reasonably believe the information showed criminality, breach of legal obligation, or danger in the pleaded sense, and did not reasonably believe the disclosure was made in the public interest. It also rejected the alleged 17 August 2018 disclosure to Denis Dixon, finding the evidence of what was said to be thin and noting that the site had already been closed on health and safety grounds.

The automatic unfair dismissal claim under s.103A ERA 1996 therefore failed. The tribunal found the dismissal was explained by the dispute over the £400,000 payment and share arrangements, the 21 August 2018 "rocket fuel" email, the £3 million banking issue, and the 3 September 2018 meeting, rather than by the alleged protected disclosures. The tribunal also found that the s.10 ERA 1999 complaint failed because the claimant had not asked to be accompanied and the meetings were not treated as disciplinary hearings.

The holiday pay, pension auto-enrolment, and detriment complaints were withdrawn during the hearing and dismissed on withdrawal. The claims against the individual respondents were also withdrawn.