Case 4100587/2020 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100587/2020 Ms K Stewart v Ballantrae Rural Initiative Care in The Community Limited — 2020
- Case reference
- 4100587/2020
- Decision date
- 20 May 2020
- Jurisdiction
- Scotland
- Judge
- Employment Judge G. Ian McPherson
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4100587/2020 Ms K Stewart
Key findings
Tribunal's reasoningNo response had been presented, so the Employment Judge issued a Rule 21 judgment on the available material, taking into account the claimant’s additional information provided on 31 March 2020. On that material, the tribunal found that Ms Stewart had made a protected disclosure within section 43B of the Employment Rights Act 1996.
The tribunal held that the respondents unlawfully subjected her to a detriment contrary to section 47B of the Employment Rights Act 1996 and unfairly dismissed her contrary to section 103A of the Employment Rights Act 1996. The judgment records that the claim succeeds.
The tribunal found that the claimant was entitled to compensation, including compensation for injury to feelings, but the amount was not determined in this judgment. A 2-hour remedy hearing before an Employment Judge sitting alone was to be listed on a later date.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The tribunal found the claimant had made a protected disclosure within section 43B ERA 1996 and that the respondents subjected her to a detriment contrary to section 47B ERA 1996. | Upheld | — | — |
| Unfair dismissal | The tribunal found that the claimant was unfairly dismissed contrary to section 103A ERA 1996. | Upheld | — | — |
Legal tests applied
4 references- Rule 21 of the Employment Tribunal Rules of Procedure 2013
- s.43B ERA 1996
- s.47B ERA 1996
- s.103A ERA 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.