Mrs W Donnelly v The Guildhall Poole Limited RECORD OF A PRELIMINARY HEARING — 2025

This was a preliminary hearing judgment in which the tribunal dismissed all three of the Claimant's claims. The tribunal accepted that some of the conduct complained of (notably an exaggerated allegation by Mr Kiss concerning underage drinking and Mr Saunders' conduct towards the Claimant in December 2023) did amount to harassment, and that it would be just and equitable to extend time for those matters. However, the sex harassment claims were dismissed because the tribunal was satisfied that the conduct was not related to the Claimant's gender; the tribunal found the reasons related to perceived personality, character and fit with a fine-dining environment rather than sex.

On whistleblowing, the tribunal accepted that the Claimant made a protected disclosure on 1 February 2024 concerning the owner's handling of service-charge tips, which the Claimant believed breached the Employment (Allocation of Tips) Act 2023. However, the automatically unfair dismissal claim under s.103A ERA 1996 was dismissed because the tribunal found that the decision the Claimant was not suitable had been taken before any disclosure was made and that the disclosure had no bearing on the dismissal. The detriment claims under s.47B ERA 1996 were also dismissed, with the tribunal finding that the underlying decisions had already been made before the disclosure and that one of the alleged detriments did not in fact involve false allegations.

The judgment was given by Employment Judge Self sitting alone at Southampton, with the Claimant represented by Mr M Faure (Solicitor) and the Respondent by Mr O Foy (Counsel). No remedy was awarded as all claims were dismissed.