Mrs S Chan, Counsel (until 27 February 2018) In Person (from 27 February 2018) For v Respondent — 2019

The tribunal rejected an application made late in the hearing to add a further protected disclosure concerning the claimant's allegation about an insurance certificate. Applying Selkent Bus Co v Moore, it held the amendment was a new claim, was raised extremely late, and would prejudice the respondent. It also refused the claimant's specific disclosure applications and accepted the parties' additional documentary material only where relevant.

On the merits, the tribunal held that disclosure 1, about an alleged failure to display an employer's liability insurance certificate, was not made. It further held that disclosures 2 to 5, concerning the Compliance Manual and the PTCC system, were not protected disclosures because the claimant had been given the Compliance Manual, had been told about PTCC, and did not have a reasonable belief that there was a breach of legal obligation or that he was acting in the public interest. It also held that the communications with Camden Council and the Rolton Group were pursued in furtherance of the claimant's own dispute about the Bacton Estate, not as protected disclosures.

The tribunal found that the principal reason for dismissal was the claimant's 15 June 2016 email to Camden Council. It accepted the respondent's evidence that Mr Mennie genuinely believed the claimant had doctored his signature block so as to make it appear that he was acting on behalf of Manulife and that the email was deliberately ambiguous. The tribunal held that the dismissal was justified by that conduct and not by any protected disclosure. It also found that the alleged detriments, including the suspension, investigation, and treatment at the 15 November 2016 meeting, were not caused by protected disclosures.

The holiday pay claim also failed. The tribunal found that the evidence showed the booked holiday days had been restored, and it rejected the claimant's argument that he was entitled to paid holiday to attend the public enquiry into the compulsory purchase of the Bacton Estate. No monetary award was made.