In person For the v Respondent — 2018

The Claimant, Ms Kong, was dismissed summarily on 3 December 2018 after a dispute about her handling of the GTOP audit and, in particular, her exchange with Ms Harding on 22-23 October 2018. The tribunal accepted that she had made a series of protected disclosures about the GTOP fund, but it refused her late attempt to amend the case to add individual co-worker whistleblowing claims.

On the whistleblowing detriments case, the tribunal found that Ms Harding's treatment of the Claimant on 22-23 October 2018 was materially influenced by protected disclosures, especially PD3 and PD4. However, that complaint was out of time under s 48(3) ERA 1996 and the Dedman principle. It also held that the dismissal-related detriments were barred by s 47B(2), that the appeal process was not itself a detriment, and that the separate detriment claim therefore failed.

On the dismissal issue, the tribunal found that the principal cause of dismissal was the 22-23 October 2018 incident with Ms Harding. Applying the Jhuti principles, it held that the employer's reason was conduct: the Claimant had questioned Ms Harding's professional awareness/integrity in the meeting and follow-up email, rather than being dismissed because she had made protected disclosures. It rejected the case that the dismissal was for some other substantial reason based on a general breakdown in working relationships.

Although the tribunal accepted conduct as the reason for dismissal, it held the dismissal was substantively and procedurally unfair. No investigation was carried out, the Claimant was not given a disciplinary hearing or an opportunity to answer the allegations, and the ACAS Code of Practice was not followed. The tribunal found no contributory fault, no Polkey deduction, and no reduction for the later-discovered Hotmail emails. It held that any remedy would be subject to a s 207A(2) uplift at the remedy stage. The wrongful dismissal claim failed because the Claimant was paid in lieu of notice and accrued holiday pay.