Mr A Suleyman v Star Catering Supplies Ltd — 2021

The tribunal found that Mr A Suleyman made one protected public interest disclosure on 10 July 2019, when he complained to Mr Muezzin about the state of the freezer and the way pallets and boxes had been left, which he believed created a health and safety risk for the nightshift. It rejected the other alleged disclosures relied on, including the staffing-pressure emails said to have been sent by his son, because they did not contain sufficient information tending to show a health and safety danger.

The whistleblowing complaints failed. The tribunal found that the claimant was effectively suspended because of the way he spoke to Mr Muezzin on the telephone, not because he had made a protected disclosure. It also found that the appeal process was effectively a rehearing and that the decision to uphold dismissal was based on the misconduct findings, not on the disclosure. On that basis, the automatic unfair dismissal and detriment complaints were dismissed.

The ordinary unfair dismissal complaint also failed. Applying the Burchell approach and the range of reasonable responses, the tribunal found that the respondent carried out a reasonable investigation, genuinely believed the claimant had committed serious misconduct, and acted fairly in dismissing him. It accepted findings that he rented rooms to staff in circumstances that gave him leverage over them, used company vehicles for personal use without permission, and falsified timesheets. It did not uphold every allegation, but it found the proven matters serious enough to justify summary dismissal.

The wrongful dismissal/breach of contract issue failed because the tribunal found gross misconduct, so the claimant was not entitled to notice pay. The unlawful deduction from wages complaint also failed because the tribunal heard no evidence showing that any wages were due.