Mr M Davies v White Dove Garages Limited — 2025

The Claimant was employed by the Respondent as a sales executive from 8 April 2024 to 29 April 2024. He brought complaints of protected disclosure detriment and automatic unfair dismissal, wrongful dismissal (notice pay), victimisation, and harassment related to sex (conduct of a sexual nature) and sexual orientation. The tribunal (Employment Judge R Harfield with Ms R Lewis and Ms C Bleasdale) heard the case at Cardiff by video on 6, 7 and 8 May 2025 and reserved judgment.

The tribunal dismissed the complaints of wrongful dismissal, protected disclosure detriment, protected disclosure (automatic unfair) dismissal and victimisation. On wrongful dismissal it found there was no express agreed notice period, that s.86 ERA 1996 did not apply because the Claimant had less than one month's continuous service, and that no evidence had been put before it from which it could fix a reasonable implied notice period.

The tribunal upheld the harassment complaints in part. It found conduct of a sexual nature established in relation to paragraphs 7.1.1.1, 7.1.1.3, 7.1.1.4, 7.1.1.5 and 7.1.1.6 of the List of Issues, and conduct related to sexual orientation established in relation to paragraph 7.1.1.7. The remaining harassment allegations (paragraphs 7.1.1.2, 7.1.1.8 and 7.1.2) were dismissed; the tribunal accepted that some of the language complained of was profane or descriptive in context rather than conduct of a sexual nature. Remedy for the successful complaints was reserved to a separate hearing, with the parties encouraged to attempt to resolve remedy between them, with Acas assistance if required.