ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104322/2023 Hearing Held at Edinburgh on 6, and February 2024 Employment Judge: M A Macleod Tribunal Member: M Watt Tribunal Member: R Henderson X v GB Festivals Limited t/a Gilded Balloon — 2024

The claimant was employed by GB Festivals Limited t/a Gilded Balloon as Box Office Manager from 1 March 2023 on a fixed-term contract ending on 31 October 2023. The case arose out of concerns she raised about the conduct of A and about how the respondent was handling those concerns during the Fringe period in August 2023. The tribunal accepted that she had previously spoken to management about an incident on 27 July 2023 and that, on 15 August 2023, she sent a Slack message describing further concerns, including allegations passed on by other staff.

On dismissal, the tribunal found that the claimant did not resign. It accepted that she was distressed when she left work on 15 August 2023, that Ms Koren had told her she could take time out if she wished, and that the respondent then waited 24 hours before emailing that it was treating the departure as a resignation. When the claimant replied that she had not resigned and had only stepped away from a stressful situation, the respondent maintained its position. The tribunal held that the claimant had been dismissed by the respondent when it purported to accept a resignation she had specifically disavowed.

The tribunal nevertheless dismissed the protected-disclosure claims. Applying s.43B ERA 1996 and the authorities it cited, including Kilraine and Blackbay Ventures, it held that the Slack message did not disclose information with sufficient factual content. The message largely repeated second-hand accounts, rumours and broad allegations about A, rather than information tending to show a relevant failure or danger. Because no qualifying disclosure was made, the whistleblowing detriment claim under s.47B and the automatic unfair dismissal claim under s.103A both failed.

Issue 5 fell away because the claims failed, so the tribunal made no compensation award. The respondent accepted that £317.94 of holiday pay was outstanding, but there was no separate award in the judgment.