Mr. N Charlette v The Original Bowling Company — 2022

Mr Charlette worked as a centre manager from 15 November 2017 and was dismissed summarily on 17 September 2020 after a disciplinary process concerning WhatsApp messages he sent to A, a younger employee for whom he had management responsibility. The tribunal found the messages were sent by the claimant, were one-sided, contained sexual references and emotional pressure, and were inappropriate in light of his managerial role and A's age and vulnerability. It held that the respondent had a genuine and reasonable belief in gross misconduct, carried out a sufficient investigation, and acted within the range of reasonable responses in dismissing him.

The tribunal accepted that on 18 December 2019 the claimant made disclosures to Sian Oliver and Andy Goddard about the absence of hot water and gas at the Bracknell centre and the resulting health and safety concerns. It found that he reasonably believed the information tended to show a failure to comply with legal obligations and that health and safety could be endangered, and that he reasonably believed raising the matter was in the public interest. However, it found that those disclosures were not the operative or principal reason for dismissal; the dismissal was caused by the messages sent to A, so the protected disclosure dismissal claim failed.

The holiday pay claim failed because the tribunal found the claimant had already taken all of his annual leave in the relevant leave year and nothing was outstanding at dismissal. The section 10 Employment Relations Act 1999 claim also failed because the tribunal found he had not made an advance request to be accompanied to the disciplinary hearing. All claims were dismissed and no monetary award was made.