Miss G Okwu v Rise Community Action (A company limited by guarantee) — 2018

Miss G Okwu was employed by Rise Community Action from 15 November 2017 as a Domestic Violence and Female Genital Mutilation Specialist Worker on a fixed-term contract with a three-month probation period and salary of £27,500. The tribunal preferred the respondent's evidence on disputed issues and accepted that the claimant had been inducted into the role, given her terms and conditions, DBS and payroll documents, and set targets and supervision arrangements during probation.

The tribunal found that the claimant's work logs and supervision notes showed insufficient activity and unmet targets during probation. It accepted the respondent's case that the probation period was extended on 14 February 2018 because her work performance was unsatisfactory, and that the dismissal letter of 28 February 2018 was based on unsatisfactory work performance, unacceptable conduct and communication issues rather than any disclosures.

The claimant relied mainly on a letter dated 21 February 2018 and said she had raised concerns about pension enrolment, tax reference and pay arrangements, internet and telephone access, data protection, failure to provide section 1 particulars and policies, misuse of public funds, and employment without passport or CRB checks. The tribunal held these matters did not amount to protected disclosures under section 43B ERA 1996 because they lacked sufficiently specific factual content to tend to show a relevant failure, were largely personal contractual complaints, and were not shown to be in the public interest. It also did not accept the claimant's evidence that the oral allegations had been made.

The automatic unfair dismissal claim under section 103A ERA 1996 was dismissed. The holiday pay claim had been settled by the respondent during the proceedings by cheque for £205.24 and was dismissed. The pension contribution issue was not determined because the claimant did not provide the evidence the tribunal had ordered, and the tribunal made no finding on that claim.