Claimant v Merchant Seamen’s War Memorial Society (Incorporated) T/a Care Ashore) and Mr S Todd — 2020

The claimant, who had been employed by the first respondent since 1 December 1998 and was its Chief Executive/Company Secretary, told Mr Todd on 4 and 5 October 2018 about allegations concerning a trustee's use of a postal address to obtain free NHS prescriptions, an undeclared shareholding in a supplier company, and free use of the respondent's camping and fishing facilities. The tribunal found that these disclosures were disclosures of information, that the claimant reasonably believed they tended to show a criminal offence and failures to comply with legal obligations, that he believed they were made in the public interest, and that because they were made to Mr Todd as his line manager they were protected disclosures under section 43C of the Employment Rights Act 1996.

On disability, the tribunal accepted that the claimant was diagnosed with depression on 3 January 2019 and that, during 3 January 2019 to 11 April 2019 and again from 29 April 2019 to 30 April 2019, it adversely affected his sleeping, social interaction and later concentration. It held that the impairment was depression rather than stress or anxiety, and that the adverse effects were substantial. However, applying section 6 of the Equality Act 2010 and Schedule 1, paragraph 2, the tribunal found that the effects had not lasted for 12 months and were not likely, assessed at the material time, to last for 12 months or recur over that period. The claimant was therefore not disabled during the relevant period.

Because the claimant was not disabled, his complaints of direct disability discrimination, discrimination arising from disability and failure to make reasonable adjustments were dismissed. The tribunal's decision on protected disclosures did not determine the separate claims of constructive unfair dismissal, automatic unfair dismissal, detriment because of protected disclosures and breach of contract, which were directed to proceed to a final hearing on 26 to 30 July 2021. No remedy was awarded in this judgment.