LAYLA SADDIQUE v Bristol Street Fourth Investments Limited — 2020

The tribunal found that on 10 April 2019 the claimant complained to Mr Bell about warranty processing in general, but she did not then know about, and did not mention, any alleged fake warranty claim. It found that she only learned of the alleged fake claim later and did not tell Mr Bell or Mr Sturt about it before her employment ended, so there was no protected disclosure before dismissal.

On that basis, the claims for unlawful detriment and automatically unfair dismissal under sections 47B and 103A of the Employment Rights Act 1996 were dismissed. The tribunal also rejected the allegation that the 23 April 2019 meeting amounted to threatening or harassing treatment on whistleblowing grounds, finding that the claimant had requested the meeting and was asked to put her earlier resignation in writing. It further noted that, because she had less than two years' service, there was no ordinary unfair dismissal claim before it.

Separately, the tribunal found that the claimant had verbally resigned during the 10 April 2019 discussion with Mr Bell using the words "I quit", but that the respondent later consented to her withdrawing that resignation and her employment continued until termination on 3 May 2019. The tribunal found that her contract entitled her to one month's notice after six months' service, so paying only one week in lieu breached the contract. Liability on the contract claim was decided only, and the matter was listed for remedy, with the tribunal hoping the parties could agree compensation.