In person For the v Mr J Munro, senior litigation consultant — 2023

The tribunal, sitting at Reading over 6 to 8 November 2023, found that Miss Rees, a general assistant employed at the respondent's butchers shop from 12 October 2020 to 31 March 2021, was automatically unfairly dismissed contrary to s.103A of the Employment Rights Act 1996 because the reason or principal reason for her dismissal was the making of protected disclosures, in particular at a meeting with Mr Hine and Mr Cripps junior on 23 February 2021 concerning Covid-19 prevention measures and related health and safety and employee welfare matters.

Parallel claims of unlawful detriment under s.47B (protected disclosures) and of detriment and automatic unfair dismissal on health and safety grounds under s.44 and s.100 ERA 1996 were not well founded and were dismissed. The tribunal accepted that the claimant became unfit to work following the 23 February 2021 meeting and that the letter of 1 March 2021 from Mr Hine, although not entirely clearly worded, operated to terminate employment with effect from 31 March 2021, a date consistent with the P45 and with the respondent's pleaded case.

On the wages claims, the tribunal held that 14 days' accrued annual leave was payable on termination and ordered the respondent to pay it. The remainder of the unauthorised deductions claim failed: the overtime element had been withdrawn, and the claimant had not shown a contractual entitlement to a bonus greater than the £150 she had received in January 2021, the bonus scheme being discretionary and the decision on her bonus figure having been taken before the protected disclosures were made. Compensation flowing from the successful s.103A claim was reserved to a remedy hearing listed for 9 February 2024.