Case 4104611/2024 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4104611/2024 Held at Aberdeen on October 2024 Employment Judge N M Hosie Mr Scott Goodall
Mr Scott Goodall gave evidence alone and the tribunal found him credible and reliable. Big Issue Sharebike Ltd did not attend and the claim was undefended. The tribunal recorded that Sharebike went into creditors voluntary liquidation on 30 August 2024. Mr Goodall had started work on 9 October 2023 as Operations Co-ordinator, and soon raised concerns about the condition, tax status and insurance of the Aberdeen vans, as well as the safety of recovering bicycles from the River Don without training, a risk assessment or PPE.
The tribunal held that those complaints were protected disclosures within s.43B(1)(b) and (d) ERA 1996. It referred to the 5-stage approach discussed in Martin v London Borough of Southwark & The Governing Body of Evelina School and found that the disclosures were made in the public interest, concerned legal obligations and health and safety, and were reasonably believed. It then found under s.103A ERA 1996 that Mr Goodall was dismissed because he had made those protected disclosures, with the timing of the dismissal on 29 February 2024 following his refusal to use a van that was uninsured and untaxed. The tribunal rejected the employer's stated reason of a breakdown in trust.
On remedy, the tribunal accepted Mr Goodall's schedule of loss. It awarded £6,786 for past loss from the end of the notice period on 28 March 2024 to the hearing date, and £3,000 for three months' future loss at £1,000 per month, giving a pre-uplift subtotal of £9,786.50. Because Sharebike followed no disciplinary procedure, the tribunal applied a 25% ACAS Code uplift and awarded £12,232.50 for the dismissal claim. It also awarded £1,904 for four weeks' notice pay and £571 for six days of accrued annual leave.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The tribunal held that Mr Goodall made protected disclosures under s.43B ERA 1996 about unsafe and unroadworthy vans, lack of tax and insurance, and the proposed River Don bike recovery without training, a risk assessment or PPE. It found he was dismissed because of those disclosures, with dismissal following his refusal to use an uninsured and untaxed van. The compensation included a 25% ACAS Code uplift. | Upheld | — | £12,233 |
| Breach of contract | Awarded as damages for failure to give the 4 weeks' contractual notice of termination. The tribunal accepted average weekly earnings of £476. | Upheld | — | £1,904 |
| Holiday pay | Awarded as payment in lieu of accrued annual leave. The tribunal found 6 days' leave remained due, valued at £95.20 per day. | Upheld | — | £571 |
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