Case 2500996/2017 · Employment Tribunal
Mr R Milton v Neil Herron and 1 other — 2019
- Case reference
- 2500996/2017
- Decision date
- 11 August 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter
- Panel members
- Mr M Gelling, Mr PC Northam
Parties
3 namedClaimant
Mr R Milton
Respondents
Key findings
Tribunal's reasoningEmployment Judge Shotter sat with Mr M Gelling and Mr PC Northam. After hearings on 29, 30 and 31 May 2019 and 2 August 2019 in chambers, the tribunal gave a unanimous reserved judgment dismissing all claims brought by Mr R Milton against Neil Herron and Assist MI Limited.
The tribunal found that the respondent was not in breach of contract in a way that entitled the claimant to resign and claim constructive unfair dismissal. It also held that the claimant's unfair dismissal claim was not well-founded and was dismissed.
The tribunal further found that the claimant was not automatically unfairly dismissed under section 103A of the Employment Rights Act 1996 as amended. It also rejected the claimant's detriment claim under section 47 of the Employment Rights Act 1996 as amended. No monetary award was made.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The tribunal held the respondent was not in breach of contract entitling the claimant to resign and claim constructive unfair dismissal. | Dismissed | — | — |
| Unfair dismissal | The claimant's claim for unfair dismissal was found not well-founded and dismissed. | Dismissed | — | — |
| Whistleblowing | The tribunal found the claimant was not automatically unfairly dismissed under section 103A of the Employment Rights Act 1996 as amended. | Dismissed | — | — |
| Whistleblowing | The claimant was not subjected to a detriment under section 47 of the Employment Rights Act 1996 as amended, so that claim was dismissed. | Dismissed | — | — |
Legal tests applied
2 references- section 103A Employment Rights Act 1996
- section 47 Employment Rights Act 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
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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