Mr S El Fath v The Secretary of State for Justice — 2022

The claimant, a Prison Officer at HMP Whitemoor, alleged direct discrimination because of race and religion, whistleblowing detriment and automatic unfair dismissal arising from a police report about a locker incident, and constructive unfair dismissal following his resignation. The tribunal found that the claimant did not establish facts from which it could conclude that any of the alleged treatment was because of race or religion. Allegations 1-12 were also out of time, and allegation 13 was not found to be discriminatory.

The tribunal found that the claimant's report to Cambridgeshire Police on 29 January 2020 was not a protected disclosure. It relied in part on the claimant's acceptance in cross-examination that he did not believe there was a public interest in the police report itself. The whistleblowing detriment and automatic unfair dismissal claims therefore failed, and the detriment claim was also found to be out of time.

For constructive dismissal, the tribunal considered the alleged breaches relied on by the claimant. It found that some events occurred, including the initial appointment of the claimant's line manager to consider a grievance about himself and delays in the grievance process, but concluded these did not amount to a fundamental breach of the implied term of trust and confidence. The claimant was therefore not dismissed, and all claims were dismissed with no remedy awarded.