ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100035/2018 Hearing at Edinburgh on and July, August, and 5, and November 2018; and members’ meeting on December 2018 Employment Judge: M A Macleod Mr S Currie Mr R Quinn Yaya Barry v Represented by Mr R Lawson Solicitor The Mosque of the Custodian of the Two Holy Mosques and — 2019

The claimant, an Imam employed from 1 December 2015, brought claims for whistleblowing detriment, automatic unfair dismissal, and holiday pay. At the start of the hearing he withdrew the holiday pay claim, which the tribunal recorded as dismissed as a result. The hearing on liability only proceeded against the background of disputes about the claimant’s duties, the respondent’s restructuring under a new Director in January 2017, and a series of grievances and disclosures about finances, recruitment, and the Mental Health and Wellbeing Group.

The tribunal applied section 43B ERA 1996 and the guidance in cases including Blackbay Ventures Ltd v Gahir and Kilraine v London Borough of Wandsworth. It found that the claimant did not establish a qualifying disclosure on 31 March 2017 or on the 5/6 April 2017 meeting, because the evidence was too uncertain or inconsistent. It held that parts of the 10 April 2017 OSCR email were qualifying disclosures: the allegations about payments to contractors from petty cash without invoices, the restricted mental health fund, and appointments made without recruitment procedures. It did not accept the car park allegations as a qualifying disclosure, and it also treated parts of the 15 April 2017 report as repeating earlier protected disclosures rather than adding new protected matters. The tribunal held that the disclosures were made in the public interest because they concerned the financial probity and governance of a charity.