In person For the v Ms McIntosh (professional rep) — 2024

The claimant worked as a Security Officer for CIS Security Ltd from 6 September 2022 to 16 January 2023 at Rathbone Place. The tribunal noted serious disclosure and preparation problems by both sides, admitted some late transcripts that it found relevant, and recorded that several respondent witnesses did not give evidence. It also noted that the grievance investigation and probation process were imperfectly handled, but it still made separate findings on each claim.

On whistleblowing, the tribunal held that only the 28 November 2022 report to Mr Holland about the robbery incident could potentially amount to a qualifying disclosure. The claimant's reports to the police did not satisfy the statutory requirements on the facts found. The detriments alleged for 28 November and 19 December 2022 were treated as out of time, and the tribunal found that the comments and grievance outcome were not done on the ground that the claimant had made a protected disclosure.

The automatic unfair dismissal claim under s103A ERA 1996 failed. The tribunal found that the claimant failed his probation because he did not establish a workable relationship with colleagues and supervisors, frequently recorded colleagues, made remarks about their national origins, and was said to have been disruptive and unsatisfactory in teamwork and cooperation. It accepted that the dismissal reasons were the ones given in the dismissal letter and were not principally caused by the claimant's disclosure about Mr Muhammad.

The direct race discrimination claim arising from the 3 December 2022 lateness dispute was allowed out of time on a just and equitable basis, but the tribunal rejected it on the merits. It found that the claimant's own conduct during the argument, including references to colleagues' ethnicity and nationality, explained the respondent's actions rather than race. The harassment claim, pleaded as race-related and in the issues as race and/or religion, and the victimisation claim based on the 20 November 2022 grievance were also dismissed.

The notice pay claim was withdrawn and dismissed. The holiday pay claim succeeded in part: the tribunal found the claimant had taken 8 days' holiday, accrued 9.5 days, and was owed 1.5 days' holiday pay at £133.86 gross per day, producing an award of £200.79 gross.