Case 1403854/2020 · Employment Tribunal
In person For the v Respondent — 2021
- Case reference
- 1403854/2020
- Decision date
- 13 May 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rayner Appearances
- Venue
- Southampton
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe hearing took place by telephone and the decision was issued in public by Employment Judge Rayner sitting alone. The judgment records that the claimant, Mr R Thomas, appeared in person and the respondent was represented by counsel.
The tribunal struck out the claimant's automatic unfair dismissal claim under section 103A Employment Rights Act 1996 on the basis that it had no reasonable prospects of success. It also struck out the detriment claim under section 47B Employment Rights Act 1996 based on the allegation that the respondent constantly harassed him with phone calls, again because the claim had no reasonable prospects of success.
A further section 47B detriment claim, based on an allegation that the respondent withheld pay from the claimant, was dismissed on the same basis of no reasonable prospects of success. The written record does not record any monetary award or any separate remedy findings.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Automatic unfair dismissal claim under section 103A Employment Rights Act 1996; struck out because it had no reasonable prospects of success. | Struck out | — | — |
| Whistleblowing | Unlawful detriment claim under section 47B Employment Rights Act 1996, said to arise from the Respondent constantly harassing the Claimant with phone calls; struck out because it had no reasonable prospects of success. | Struck out | — | — |
| Whistleblowing | Unlawful detriment claim under section 47B Employment Rights Act 1996, said to arise from withholding pay; dismissed because it had no reasonable prospects of success. | Dismissed | — | — |
Legal tests applied
2 references- section 103A Employment Rights Act 1996
- section 47B Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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