Case 2207192/2020 · Employment Tribunal
Mr Savva (in person) For the v Not attending — 2023
- Case reference
- 2207192/2020
- Decision date
- 4 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gidney
- Venue
- London Central
- Panel members
- Mr Brian Furlong, Mr Paul Secher
Parties
2 namedClaimant
Mr Savva (in person) For the
Respondent
Key findings
Tribunal's reasoningThe tribunal heard only the remaining whistleblowing detriment complaints. It found that of the eight public interest disclosures relied on at hearing, PID 6, PID 8 and PID 9 were qualifying disclosures, while PID 3, PID 5, PID 10, PID 11 and PID 12 did not qualify. The tribunal also found that only PID 6 had been escalated to the respondent by Paul Vrahimis, who escalated it in part for his own financial interests but also in the public interest.
The first detriment complaint, the respondent's assertion in its grounds of resistance that the claimant was not an employee, failed. The tribunal found that the respondent genuinely took the contractor point because the claimant had been paid gross without PAYE or National Insurance deductions, and that this was consistent with its understanding of the claimant's engagement. It rejected the case that the point was raised because of the claimant's protected disclosures.
The second detriment complaint, the refusal of subject access requests dated 15 October 2020 and 10 September 2021, also failed. The tribunal found that the refusals were based on the reasons stated in the correspondence, namely prevention or detection of crime, apprehension or prosecution of offenders, and the view that the requests were manifestly unfounded, excessive, or intended to harass. It found that the refusals were not on the ground of PID 6 or any other qualifying disclosure, and dismissed the claims.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Det1: the allegation that Leather Inside Out misled the claimant by asserting he was not an employee within s230 ERA failed. The tribunal found the respondent genuinely raised the contractor point because the claimant had been paid gross without PAYE or NI deductions, and it was not taken because of any protected disclosure. | Dismissed | — | — |
| Whistleblowing | Det2: the allegation that the respondent refused two subject access requests failed. The tribunal accepted the refusals dated 15 October 2020 and 10 September 2021, but found they were made for the stated data protection and crime-prevention reasons, not on the ground of PID6 or any other qualifying disclosure. | Dismissed | — | — |
Legal tests applied
10 references- s43B ERA 1996 qualifying disclosure
- s47B ERA 1996 detriment
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Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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