In Person For the v Mrs J Skeating, Solicitor — 2024

The tribunal at Plymouth, sitting on 8 and 9 July 2024 with Employment Judge N J Roper and members Mrs V Blake and Ms R Clarke, dismissed the remaining claims. The separate unlawful deduction claims in the consolidated proceedings had been withdrawn before the final hearing. The tribunal accepted the respondent witnesses as measured and credible, and found that Mr Young had acted dishonestly by lying about whether he was the driver or passenger in the speeding incident, altering the driver log, and manufacturing text messages said to support his case. No monetary award was made.

The automatic unfair dismissal claim under s.103A ERA 1996 failed because the tribunal held that the grievance of 7 May 2023 was a complaint about the claimant's own working conditions, shift patterns, break deductions, uniform, PPE and cleaning expenses, not a protected public interest disclosure. The tribunal found no disclosure of information tending to show a legal breach or health and safety risk, and in any event concluded that the sole reason for dismissal was gross misconduct arising from the claimant's dishonesty over the driving log and the police investigation.

The harassment claim based on sexual orientation was dismissed because the tribunal found that the three alleged incidents did not happen and that the claimant had fabricated text messages and a later grievance to bolster the allegations. The victimisation claim failed because the 7 May 2023 grievance did not allege unlawful discrimination and was therefore not a protected act. The Working Time Regulations claim also failed because the claimant did not prove that the respondent refused to permit daily rest breaks or the 20-minute rest break; the tribunal found the complaint was really about unpaid one-hour breaks and overtime.