Mr S Walker (solicitor) For the v Ms L Lawrence (head of operations for the respondent) — 2021

The claimant, Ms S Bennett, succeeded on her complaint that she made a protected disclosure within section 43B(1)(a) ERA 1996 and section 43C ERA 1996, arising from an email sent to Mr Ken Wilson on or around 10 January 2019 about the conduct of Mr G Steel. The tribunal recorded that the respondent had failed to present a response, but allowed its representative to participate in cross-examination under rule 21(3).

The tribunal found that Ms Bennett was subjected to detriments contrary to section 47B ERA 1996. Those detriments were identified as decisions by Mr Steel concerning staff reporting to him instead of the claimant, suggesting that Mr Wilson blamed the claimant for problems within the business, failing to progress a grievance, suspending the claimant and failing to review the suspension, commencing a disciplinary investigation, and failing to progress the disciplinary process. The tribunal held that these acts and failures to act were because of the protected disclosure.

The tribunal also found that the claimant was automatically unfairly dismissed under section 103A ERA 1996 because a principal reason for her resignation was the detriments arising from the protected disclosure. Separately, it held that the same detriments amounted to a fundamental breach of contract destroying the relationship of trust and confidence, and that the claimant resigned because of that breach, so the constructive unfair dismissal complaint also succeeded.

The judgment did not determine remedy. It directed that the claim proceed to a separate remedy hearing, with the claimant to provide an updated schedule of loss and remedy materials before that hearing.