In person For the v Respondent — 2022

The tribunal found that the claimant raised the 9 May 2021 switch-repair issue with Alistair Grice on 14 May 2021 and with James Moore on 15 May 2021, but it did not accept that he then had a belief that the health and safety of any individual had been, was being, or was likely to be endangered. It also found that the 16 May 2021 conversation with Chris O'Connell was not proved to have included the switch-repair issue, and that the later grievance and grievance-meeting references were repetitions after the immediate danger had already been dealt with. The separate allegation of timesheet fraud was not proved on the facts and, in any event, the tribunal did not accept that it was reasonably believed to be in the public interest.

Applying Part IVA ERA 1996, section 43B, Cavendish Munro, Kilraine, Darnton, Chesterton Global and the detriment and causation principles in section 47B and NHS Manchester v Fecitt, the tribunal rejected the protected disclosure element of the case. It held that none of the alleged disclosures amounted to protected disclosures, so the whistleblowing detriment complaints could not succeed on that basis.

On the detriment allegations, the tribunal found that some conduct complained of did amount to detriment in context, including Jamie Lovegrove telling the claimant to fuck off back to Shenfield on 4 January 2022, Stephen O'Connell saying who the fuck told you to go back to Camden on 4 January 2022, telling the claimant to fuck off on 5 January 2022, and the April 2022 comments about the claimant's brother. However, it held that these acts were explained by the claimant's conduct and the workplace dispute, not by any protected disclosure. The pre-27 February 2022 allegations were struck out for time, because the tribunal found it was reasonably practicable to present them in time, and the remaining in-time allegation failed on causation. No remedy was awarded.