ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106737/2020 Hearing at Inverness on and July 2021: Members’ Meeting by Cloud Video Platform on September 2021 Employment Judge: M A Macleod Tribunal Member: F Parr Tribunal Member: A Perriam Karen Young v St Philips Care Caledonia Limited — 2021

The tribunal held that the claimant had made some qualifying disclosures in her 4 July 2020 letter, including parts of the allegations about food-temperature checks, covering or labelling food, and Linda Cooper cleaning with filthy water. It rejected most of the remaining complaints as too vague, insufficiently specific, or as criticisms of performance or quality rather than protected disclosures.

It found that the text message sent by Ms Kelly asking for the return of the claimant’s uniform and referring to her dog cage did not amount to a dismissal. The claimant later resigned on 4 August 2020 after correspondence about a return-to-work meeting and possible disciplinary action, but the tribunal held that the respondent’s conduct was not repudiatory and that the resignation was not caused by the protected disclosures.

The section 47B detriment complaint also failed. The tribunal held that the respondent’s referral of the allegations to a senior manager for investigation, the invitation to a return-to-work meeting, and the clarification that the meeting was for return-to-work purposes were not shown to have been taken because the claimant had made protected disclosures. All claims were dismissed and no remedy issue arose.