Mr M Allen v Dunbia Limited — 2019

At a preliminary hearing on 21 November 2019 before Employment Judge Vernon, the tribunal held that the near miss form dated 11 April 2018 was a protected disclosure within the meaning of section 43A Employment Rights Act 1996. The tribunal did not decide at that hearing whether the protected disclosure was the reason for dismissal for the purposes of the automatic unfair dismissal complaint under section 103A; that issue was left to the final hearing.

The tribunal also found that the grievance letter dated 13 April 2018 had not been received by the respondent before the claimant's effective date of termination, so any unfair dismissal case relying on that letter as the reason for dismissal could not succeed. The claimant's complaints of unpaid wages, pleaded as unlawful deductions from wages and breach of contract, were dismissed upon withdrawal by the claimant. The application to amend the ET1 dated 12 April 2018 was refused. No monetary award was recorded in this judgment.