EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4110401/2019 (V) Hearing by Cloud Video Platform (CVP) at Edinburgh on December 2020 Employment Judge: M A Macleod John Brown v Ltd (In Liquidation) — 2021

The claimant was employed from June 1982 until 16 August 2019 as Sales Director and also held a 20% shareholding. The Tribunal found that his 4 June 2019 email, which raised concerns about assets allegedly sold for cash without being recorded in the company accounts, amounted to a qualifying protected disclosure because it disclosed information which, in his reasonable belief, could show fraudulent activity and was made in the public interest.

The automatically unfair dismissal claim under section 103A ERA 1996 was dismissed. The Tribunal considered several possible reasons for dismissal, including the respondent's stated allegation of gross misconduct, the protected disclosure, the claimant's threat to report matters to the police, and a wider disagreement about the management and direction of the business. It found the evidence insufficient to show that the protected disclosure was the sole or principal reason for dismissal.

The ordinary unfair dismissal claim succeeded. The Tribunal treated gross misconduct as the stated reason, but found no basis to conclude that the respondent had a genuine belief in misconduct, reasonable grounds for such a belief, or a reasonable investigation. It found that the respondent gave no warning, held no disciplinary or investigatory meeting, gave the claimant no opportunity to respond, and followed no fair procedure before dismissal.

Compensation was not reduced for Polkey or contributory conduct reasons. The Tribunal awarded a basic award of £14,175 and a compensatory award of £19,823.12, including a 25% uplift for failure to follow the ACAS Code of Practice, producing a total award of £33,998.12.