Mr G Leighton v Represented by:15 Mr P McGregor Solicitor Balnacraig Farm and Estates Limited — 2020

Mr Gavin Leighton was employed by Balnacraig Farm and Estates Limited after signing a new contract on 27 September 2019. On 25 October 2019, while working at Gibliston House, he raised concerns about another person using a chain saw without PPE in circumstances he considered harmful or potentially harmful to health and safety. The tribunal accepted his evidence as credible and reliable, including the supporting emails, payslips and appeal documents.

The tribunal found that Mr Leighton reasonably brought health and safety concerns to the employer's attention and that he was summarily dismissed by Mr Andrew Morris immediately after doing so, without any disciplinary process. It held that section 100(1)(c) of the Employment Rights Act 1996 was breached, and also found that the situation involved serious and imminent danger within section 100(1)(d). The tribunal also noted that the respondent's appeal response failed to address the statutory position. It awarded compensation under section 123 on the basis of 21 weeks' loss, using weekly net pay plus pension contributions to reach £8,921.43, and then applied a 10% uplift of £892.14 for a complete failure to follow the ACAS Code, producing a compensatory award of £9,813.57.

On holiday pay, the tribunal found that the holiday year ran with the calendar year, that the claimant had taken three weeks' leave, and that he had a balance of 13 days outstanding at termination. It awarded £1,104.61 as an unlawful deduction from wages. The tribunal reserved the question of a financial penalty under section 12A of the Employment Tribunals Act 1996 for 14 days to allow written representations, so no penalty formed part of the final award recorded in the judgment.