Mr John Clayton Mrs Julie Ellis-Clayton v Mr Brian Firth, Secretary Mr Brian Grundill Mr Darren Hooper Mr Richard Smith (in their capacity as Committee Members representing the Trustees, Members and Committee of the Lowood Club, Deepcar, Sheffield) — 2021

Mr John Clayton and Mrs Julie Ellis-Clayton brought unfair dismissal claims alleging that they were dismissed because they had made protected disclosures. The tribunal recorded that the separate breach of contract/notice pay claims and unlawful deduction from wages claims were adjourned to a later hearing and were not determined in this judgment. Mr Clayton had been the resident steward and Mrs Clayton had worked as bar staff.

The tribunal accepted that both claimants made protected disclosures. It found that Mr Clayton made a disclosure on 18 March 2020 about an alleged threatened assault by Mr Firth, and further disclosures in his 11 May 2020 material about fire safety, the absence of inspections, and flooding risk. It found that Mrs Clayton also made protected disclosures in her 11 May 2020 statement about fire safety and flooding, and about Mr Firth removing petty cash without authorisation. The tribunal applied section 43B, section 43C and section 103A of the Employment Rights Act 1996, and noted the claimants did not have two years' service so the case depended on proving the protected disclosure reason.