Case 2500981/2020 · Employment Tribunal
Mr G Lynch v Middlesbrough DP Limited — 2020
- Case reference
- 2500981/2020
- Decision date
- 26 March 2020
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr G Lynch
Respondent
Key findings
Tribunal's reasoningMr Lynch worked as a part-time delivery driver from 26 September 2018 until his summary dismissal on 19 May 2020. He sent an email on 24 March 2020 saying he would not come to work while the country was in lockdown and asking the respondent to close its stores. The tribunal found that this email expressed an opinion about the South Shields branch remaining open, but did not amount to a disclosure of information for the purposes of s.43B ERA 1996 because the matter was already widely known and in the public domain. The tribunal also noted that the respondent replied promptly and appropriately, and that the email was not relied on when the claimant was later suspended, investigated, or dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The claim was presented as automatic unfair dismissal under s.103A ERA 1996, alleging dismissal because of protected disclosures by email on 24/3/2020 and later Facebook posts. | Dismissed | — | — |
Legal tests applied
3 references- s.103A ERA 1996
- s.43B ERA 1996
- s.43C ERA 1996
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.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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