Mr David Weedon v Nestle UK Ltd — 2022

The Claimant had previously raised a grievance about pay during medical suspension and sickness absence, and had brought disability discrimination proceedings against the Respondent. Those matters were accepted by the Respondent to be protected acts. The earlier grievance appeal resulted in a payment of £8,084.20, and the earlier discrimination claim was withdrawn under a COT3 agreement when the Claimant's employment ended.

After the Claimant began agency work at XPO's East Midlands Gateway site, where the Respondent was XPO's main client, the Respondent became aware of his presence. The Tribunal found there was no agreement or understanding requiring XPO to notify the Respondent if former employees applied to work there. It found that by 13 October 2020 Mr Hastings was aware of the Claimant's history with the Respondent, described him as a troublemaker, and prevailed upon XPO to terminate the Claimant's agency contract.

The Tribunal found that the termination of the agency assignment was a detriment, noting evidence that the Claimant had been working without issue and was well regarded by XPO. It concluded that the protected acts had a significant influence on the decision to have the agency contract terminated, and that the Respondent had not provided a satisfactory explanation once the burden of proof shifted. The claim of post-termination victimisation was therefore well founded, with remedy to be listed separately.