Mr Kiaran O'Brien v Gaming International Limited — 2022

Mr O'Brien worked as deputy racing manager at the respondent's Swindon greyhound track. The tribunal found that he made a series of protected disclosures about suspected race-fixing, the safety of Newinn Buddy being raced without another trial, and concerns about trainer DJ's welfare. It accepted disclosures 1 to 6 and 8 to 10 as protected disclosures, but held that the later concern about DJ's mental health on 10 July 2020 was not itself a protected disclosure because it did not involve a legal obligation.

On liability for detriment under s.47B ERA 1996, the tribunal found that four detriments were made out on a material-influence basis: Mr Oseman's abusive language in the steward's box on 24 June 2020, Mr Oseman's ignoring/ostracising of Mr O'Brien, the failure to deal with Mr O'Brien's grievance, and the failure to update him on the grievance. It held that the garden leave point and the absence of an appeal were not caused by the disclosures. The tribunal also dealt with time limits under s.48(2) and s.207B ERA 1996, treating the earlier detriments as part of a series of similar acts so that the grievance-related detriments remained in time.

The automatically unfair dismissal complaint was dismissed. Although the tribunal considered the Royal Mail Group Ltd v Jhuti approach because Mr Hayward's decision was informed largely by Mr Geeves, it found that the principal reason for dismissal was the breakdown in the working relationship between Mr O'Brien and Mr Oseman, in the context of a short-service dismissal, rather than the protected disclosures themselves. It therefore did not accept that s.103A ERA 1996 was satisfied.

Compensation was awarded only for the successful whistleblowing detriment claim. Applying Virgo Fidelis Senior School v Boyle and the Vento middle band, the tribunal assessed injury to feelings at £15,000 and added £1,867.07 interest at 8%, producing a total award of £16,867.07.