In person For the v Mr A Gunberg, lay representative — 2022

At the CVP hearing on 21 January 2022, Employment Judge A James considered the ET1, ET3 and other documents and granted the claimant interim relief in relation to his protected disclosure dismissal complaint. The tribunal found it appeared likely that, on determining the complaint, the principal reason for dismissal was the making of a protected disclosure, bringing the application within sections 128 and 129 Employment Rights Act 1996 and s.103A ERA 1996.

Because the respondent was not willing, pending determination or settlement of the complaint, to reinstate or re-engage the claimant, the tribunal ordered that the claimant’s contract of employment continue until the complaint is determined or settled. The respondent was ordered to continue paying the claimant pay and any other benefits normally payable for 8 hours on Sundays at £11 per hour, namely £88 per week, from 7 February 2022 on the usual pay cycle.

The tribunal also ordered payment of arrears of pay for 8 Sundays, calculated at £88 per day and totalling £704, for the period from dismissal on 15 December 2021 to 6 February 2022 inclusive, by 28 February 2022. The judgment records that the claimant intended to present a further claim, after receipt of an Acas Early Conciliation Certificate, for wages, holiday pay and protected disclosure detriment, and that those matters were to be consolidated with the current claim later.