Mr Steve Thomas v Sasse Facilities Management Limited — 2024

Mr Steve Thomas brought proceedings against Sasse Facilities Management Limited after early conciliation and initially pleaded unfair dismissal, other payments, and a whistleblowing element. In subsequent correspondence he said he had been harassed for whistleblowing, referring to alleged theft and fraud, health and safety issues, and pressure to do more work. The respondent disputed that he had been dismissed and denied that he had made protected disclosures.

At the preliminary hearing, the claimant did not comply with the Tribunal's orders to provide further written details of the disclosures relied on. He said he did not understand the process and had not been able to obtain representation. The Judge nevertheless explored the alleged disclosures with him, including an allegation made to his area manager, Cheryl Jacob, about annual leave and a separate complaint said to relate to cleaning work on an indoor football pitch without suitable resources.

The tribunal found that, when given the opportunity, the claimant did not provide a coherent factual account of protected disclosures or explain how they fitted within Part IVA of the Employment Rights Act 1996. The Judge accepted that strike out is a draconian step and decided not to strike out the case in its entirety, taking account of the claimant's circumstances and the fact that he had presented a timely claim after the end of his employment.

The tribunal instead struck out the whistleblowing complaint only, on the basis that it had not been actively pursued and had no reasonable prospect of success. The judgment states that the case would continue only as a complaint of ordinary unfair dismissal, with the whistleblowing detriment and/or dismissal aspects removed from the proceedings.