Mr Dale Richardson v Hentons & Co LLP — 2021

At a preliminary hearing on 24 February 2021, the Employment Tribunal struck out Mr Dale Richardson’s unfair dismissal claim under Rule 37(1)(a) of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013. Employment Judge R S Drake, sitting alone, held that the claim had no reasonable prospect of success. The judge noted that Mr Richardson accepted he had less than two years’ service as at the effective date of termination, which was 27 August 2020.

The tribunal also recorded that Mr Richardson said he had made a complaint to the DWP about what he regarded as unfair practice in being singled out for a heavier workload, but he had not informed the respondent of that complaint and could provide no evidence that it had been made, acknowledged, or acted upon. The respondent said it was unaware of any complaint until receiving the ET1 and had not been contacted by the DWP.

The judge said that even if the DWP complaint was a qualifying protected disclosure for the purposes of sections 43A to 43H of the Employment Rights Act 1996, that would not assist the claim unless Mr Richardson could first show that the respondent was aware of the disclosure or of any complaint. On that basis, the tribunal concluded there was no alternative but to strike out and dismiss the claim. No monetary award was made.