Case 1404330/2020 · Employment Tribunal
In person For the v Respondent — 2021
- Case reference
- 1404330/2020
- Decision date
- 9 April 2021
- Jurisdiction
- England & Wales
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningMr Roy Norris alleged that he had made 22 protected public interest disclosures in 2012 about financial matters and alleged fraud connected with Bristol City Council market licence fees, and that he had suffered 120 detriments because of those disclosures. The tribunal did not hear detailed evidence on whether the disclosures were protected disclosures or whether the alleged detriments occurred, and it therefore made no findings on those substantive matters at this stage.
The tribunal held that, save for six alleged detriments said to have occurred on 3 July 2020, the detriment complaints were presented outside the three-month time limit in section 48(3) ERA 1996 and were dismissed. It rejected the argument that the six 3 July 2020 allegations formed part of a series with the earlier allegations, finding no causative or evidential link between them. The tribunal also held that it was reasonably practicable for the claimant to have brought the complaints in time, given that he had union representation, knew of his rights, and there was no physical impediment or misrepresentation preventing a timely claim.
On respondents, the tribunal dismissed Mr Marvin Rees as a respondent because he was the elected Mayor of Bristol, not a worker of the council, and there was no evidence that he acted as the council's agent for the relevant purposes. The tribunal also recorded the background disciplinary process in 2018, including that the disciplinary allegations about tweets were not upheld and the process was withdrawn in November 2018. Although the tribunal refused to strike out the surviving 3 July 2020 allegations, it said they had little reasonable prospect of success and made a deposit order, taking account of the claimant's means.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | At this preliminary hearing, all alleged detriments except the six said to have arisen on 3 July 2020 were dismissed as out of time. The six 3 July 2020 allegations were not struck out, but the tribunal held they had little reasonable prospect of success and made a deposit order. | Other | — | — |
Legal tests applied
16 references- section 43A ERA 1996 protected disclosure
- section 43B ERA 1996 qualifying disclosure
- section 43C ERA 1996 disclosure to employer/other person
- section 47B ERA 1996 detriment for protected disclosure
- section 48(3) ERA 1996 reasonably practicable time limit
- section 207B ERA 1996 early conciliation
- series of similar acts or failures
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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.
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