Mr A Finn Respondent (1): The British Bung Manufacturing Company Limited Respondent (2): Mr J King v Respondent — 2022

Mr Finn had been employed as an electrician since 1997. The tribunal found that he made protected disclosures in July 2019 and again on 13 April 2021, but not in relation to his oral report on 25 March 2021 or his email of 8 April 2021. It found that Mr King called him a 'bald cunt' and threatened physical violence on 24 July 2019, and that on 25 March 2021 Mr King again threatened him with violence, which led the tribunal to find that the claimant reasonably believed he was in serious and imminent danger when he left work that day.

The tribunal dismissed the automatic unfair dismissal claims based on protected disclosures and the health and safety reason, finding that the dismissal was instead caused by the claimant's conduct in presenting a statement on West Yorkshire Police headed paper which gave the appearance of a police matter. It upheld the ordinary unfair dismissal claim because the respondent acted unfairly and in bad faith by indicating that it would await the West Yorkshire Police outcome and then dismissing the claimant two working days later; on Polkey, it found a fair dismissal would have occurred on 15 October 2021. It also upheld wrongful dismissal, finding that the claimant's conduct was not repudiatory in contract law.

The tribunal rejected the detriment claim based on protected disclosures, but upheld part of the health and safety detriment claim. It found the respondent ignored and ostracised the claimant after 25 March 2021 and failed to investigate his concerns adequately until 8 April 2021; other alleged detriments, including SSP, furlough and suspension, were dismissed or treated as arising from the manner of the disclosure rather than the disclosure itself. The tribunal did not quantify final monetary relief in this judgment, but it said any basic award should be reduced by 50% and any compensatory award by 75% because of the claimant's conduct.

Under the Equality Act, the tribunal extended time for the 24 July 2019 sex harassment complaint and upheld it, finding that the words 'bald cunt' related to sex and were unwanted conduct. The age harassment complaint from 24 July 2019 failed because 'old' was not used, and the age and sex harassment complaints arising from the March 2021 incident failed on the facts. The victimisation claim also failed because the March 2021 treatment was caused by the claimant's manner with Mr Hardcastle, not by the protected act in July 2019. The remaining remedy issues on the successful claims were left to a later hearing.