Members: Ms E Farrell Mr P O’Donnell Ms A McNeill v Represented by: Ms L Neill Solicitor Elite Energy Limited — 2019

Ms A McNeill said that she made a protected disclosure on 16 February 2018 about the use of an ID card linked to Keiron Alexander and possible fraudulent or health and safety issues. The tribunal found that she did have a discussion with Jason Beak on that date, but it was not satisfied that what she said disclosed information about fraudulent activity or that anyone's health and safety was endangered. It found that her focus was on the ID card being in the office and that Mr Alexander no longer worked for the respondent.

Because there was no qualifying protected disclosure, the section 47B detriment claim failed. The tribunal also held that, even if there had been a protected disclosure, it was not satisfied on the evidence that the claimant suffered a detriment because of it. It found that the respondent's conduct during the relevant period did not amount to detriment on the facts it accepted.

On the dismissal issue, the tribunal found that the respondent terminated the claimant's employment on 25 February 2018. It nevertheless rejected the section 103A claim because it was not satisfied that the protected disclosure, even if made, was the reason or principal reason for dismissal. The tribunal considered the contemporaneous text messages and concluded that the claimant herself did not treat the alleged disclosure as the reason for the dismissal.

The unlawful deduction of wages claim did not proceed to an award. The claimant had originally referred to unpaid holiday pay, notice pay and unpaid wages, but at the hearing her representative stated that she was no longer pursuing holiday pay and notice pay. The tribunal treated the head of claim as effectively withdrawn and found no remaining unlawful deduction claim before it.