Ms P Slavikova v SSG Recruitment Partnerships Ltd — 2024

The claimant, Ms P Slavikova, brought an automatic unfair dismissal claim under s103A ERA 1996 following her dismissal by SSG Recruitment Partnerships Ltd on 17 February 2022. After two preliminary hearings, the tribunal refused an application made during the final hearing on 13 February 2024 to add further claims, including under s100 ERA 1996, detriment, harassment, victimisation, and Equality Act claims. The tribunal held that those matters had not been adequately articulated, were not supported by sufficient evidence, and could not fairly be added at that stage under the Selkent balance of prejudice approach.

The tribunal accepted that the claimant had raised a number of concerns during employment, including concerns about laptop security, visual and cognitive effects, VAT handling, and the preparation of management accounts. It found that the claimant's report to Ms Joanna Butters about a client of Option One wanting an invoice included in the wrong period, and being told to do what the client wanted, was a protected disclosure. The tribunal held that this disclosure was made to her employer, was capable of tending to show potential benefit fraud and incorrect accountancy practice, and was made in the public interest. By contrast, the alleged disclosures about laptop security and eyesight, the conversation about a shed being put against expenses, the alleged reports to police, and the VAT/management accounts complaints were not accepted as protected disclosures.

On the reason for dismissal, the tribunal found that the principal reason was the 17 February 2022 data breach, together with broader capability and performance concerns and complaints from clients and colleagues, rather than the protected disclosure about the Option One invoice. It accepted that the claimant had made the protected disclosure, but found that it was not the reason operating in the employer's mind when Mr Bruce decided to dismiss her. The claimant's s103A ERA 1996 claim was therefore dismissed, and no remedy was awarded.