Mr R Simpson v Bestway Panacea Holdings Limited — 2023

At the liability stage heard on 11 to 15 December 2023, the tribunal unanimously dismissed the victimisation claims, the claim for detriment on the grounds of having made a protected disclosure, and the claim that the claimant was unfairly dismissed because he had made a protected disclosure. Those claims therefore failed in full on the face of the written judgment, which records no liability findings in their favour.

By majority, however, the tribunal found that Mr R Simpson had been unfairly dismissed by Bestway Panacea Holdings Limited. The majority also found 50% contributory fault on the claimant's part. The minority member disagreed on unfair dismissal and stated that, had unfair dismissal been found, contributory fault would have been assessed at 80%.

The tribunal also found that Mr Simpson had been wrongfully dismissed. Remedy was not determined in the liability judgment: the claimant said he was seeking reinstatement or re-engagement, and the tribunal directed that a remedy hearing be listed to decide whether such an order should be made and, if not, the compensation payable.