Case 3327645/2019 · Employment Tribunal
Mr S Cox v F G Barnes and Sons Limited — 2023
- Case reference
- 3327645/2019
- Decision date
- 9 March 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ganner
- Panel members
- Ms A Crosby, Mr M Fulton-Mc Alister
Parties
2 namedClaimant
Mr S Cox
Respondent
Key findings
Tribunal's reasoningThe case was heard at Reading by Employment Judge Ganner sitting with Ms A Crosby and Mr M Fulton-Mc Alister on 6, 7, 8 and 9 March 2023. The claimant was Mr S Cox and the respondent was F G Barnes and Sons Limited.
The tribunal held that the claim of automatic unfair dismissal under section 103A Employment Rights Act 1996, based on protected disclosure, was not well founded and was dismissed. The judgment records no monetary award in relation to that claim.
The tribunal also recorded that the ordinary unfair dismissal claim under Part X Employment Rights Act 1996 was dismissed upon withdrawal. A separate claim that the claimant had been subjected to a detriment for making a protected disclosure under section 47B Employment Rights Act 1996 was also dismissed upon withdrawal.
The written record states that reasons for the judgment were given orally at the hearing and that written reasons would not be provided unless requested within 14 days. On the face of the written judgment, the final position was that the automatic unfair dismissal claim failed on the merits and the other two claims were withdrawn, with no remedy awarded.
Claims and outcomes
3 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Automatic unfair dismissal under section 103A Employment Rights Act 1996 (protected disclosure). | Dismissed | — | — |
| Unfair dismissal | Ordinary unfair dismissal under Part X Employment Rights Act 1996. | Withdrawn | — | — |
| Whistleblowing | Detriment claim for making a protected disclosure under section 47B Employment Rights Act 1996. | Withdrawn | — | — |
Legal tests applied
3 references- section 103A Employment Rights Act 1996
- Part X Employment Rights Act 1996
- section 47B Employment Rights Act 1996
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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