Mr R Thompson-Trott v OutForm Consulting Limited — 2026

Mr Thompson-Trott resigned on 12 June 2025 by giving three months' notice, due to expire on 12 September 2025. OutForm Consulting Limited treated his employment as ending on 18 June 2025 after investigating his entitlement to work physically in Ireland. The tribunal found that the contract had not been frustrated and that the respondent had dismissed him. The respondent's employer contract complaint was withdrawn and dismissed.

The claimant's email of 27 May 2025 conveyed information to his employer about Mr Hanniffy's language during a workplace discussion, but the tribunal found that the claimant did not genuinely and reasonably believe that the information tended to show a danger to health or safety or a breach of legal obligation. It also found no reasonable belief that the disclosure was made in the public interest. There was therefore no protected disclosure, and the detriment complaint under s.47B ERA 1996 and automatically unfair dismissal complaint under s.103A ERA 1996 were dismissed. The tribunal additionally found that the email had negligible influence on the visa investigation or dismissal; the investigation followed the claimant's statement that he had no right to work in Ireland.

The breach of contract complaint succeeded. The claimant's inability to work in Ireland existed when the contract was formed, the respondent could have addressed Irish working rights when contracting, and performance had not become impossible or radically different because the claimant could continue other work during his notice period. Ending the contract on 18 June 2025 therefore breached the notice provisions. The tribunal awarded £9,461.52 in net salary and £634 in employer pension contributions, totalling £10,095.52. It made no award for health insurance because the claimant had not purchased replacement cover or experienced an event requiring its use.

For the indirect race discrimination complaint, the tribunal found that the respondent applied a provision, criterion or practice concerning employees' legal ability to work in Ireland. This put the claimant, a New Zealand national, and others without an automatic right to work in Ireland at a particular disadvantage. Compliance with immigration law and protection of the respondent's and its clients' reputations were legitimate aims, and temporarily preventing the claimant from working in Ireland while his position was investigated was proportionate. Terminating his contract was not proportionate or reasonably necessary because he could have continued other duties during his notice period, been placed on garden leave, or received pay in lieu of notice.

The tribunal avoided duplicating the financial loss already compensated through the breach of contract award. It awarded £2,000 for injury to feelings within the lower Vento band, reflecting the relatively minor and short-term effect of the termination. Simple interest was ordered on that £2,000 at 8% per annum from 18 June 2025 until payment. The principal awards total £12,095.52, with the interest amount dependent on the payment date.