John Joseph v Outward Housing — 2021

John Joseph worked as Service Manager at Catherine House from 9 October 2019. The tribunal found that his role included health and safety responsibilities for the service, and that he raised concerns about heating, the lift, sewage, fire alarms and other operational issues. It accepted that those matters were part of his duties, and did not accept that senior staff were annoyed or upset simply because he raised them.

On the section 44 detriment claim, the tribunal rejected the allegation that Zaydon Alayasa had carried out a covert investigation. It found that the notes prepared on 13 January 2020 were a collation of events and statements for the probation meeting on 15 January 2020, not a covert investigation. On the section 100 dismissal claim, the tribunal found that the respondent dismissed him because of concerns about his performance, including record-keeping, attention to detail, the lone working policy, rota management and communication, rather than because he had carried out health and safety activities.

The tribunal also rejected the case that the dismissal was driven by a desire to move M into Catherine House. It found that M did not move in until March or April 2020, after the radiator problems were resolved, and not within days of the dismissal on 15 January 2020. The tribunal accepted that Joseph had not been given a written contract of employment, but held that no award could be made under section 38 of the Employment Act 2002 because his substantive claims failed.