Miss K A Jardine v Hawthorne Care Limited — 2019

Miss K A Jardine worked for Hawthorne Care Limited from 10 September 2018 on a probationary basis. The hearing took place at Nottingham on 2 October 2019 before Employment Judge Blackwell sitting alone. The dismissal claim pursued at the hearing was automatic unfair dismissal under s103A ERA 1996, based on two alleged protected disclosures made on 16 November 2018 and repeated in a grievance letter of 19 November 2018: that she had not had moving and handling training, and that her training record was inaccurate.

The tribunal found that both matters were protected disclosures within s43B(1)(b) and (d) ERA 1996. It preferred the respondent's evidence that the relevant manual handling training had taken place on 8 February 2018, accepted that Mr Sudera did not himself inspect the training records but relied on Ms Green, and found that when he dismissed the claimant by letter of 20 November 2018, effective 27 November 2018, he believed she had been properly trained, had refused a reasonable instruction to work with elderly residents, and had had altercations with colleagues. On that basis, the tribunal held that the disclosures were not the reason or principal reason for dismissal and the s103A claim failed.

The breach of contract claim for notice pay and the unlawful deduction from wages claim also failed. The tribunal said the claimant gave no evidence as to the sums claimed and had not proved those losses in her witness evidence or schedule of loss. The judgment also records that all remaining claims were dismissed on withdrawal by the claimant.