Mr Iftakhar Aslam v Accor UK Business & Leisure Hotels Ltd — 2023

At a preliminary hearing on 22 September 2023 before Employment Judge R S Drake, the tribunal considered Mr Aslam's claim that he had suffered detriment including dismissal because of making a protected disclosure under Part IVA of the Employment Rights Act 1996. The claimant had worked as a head chef from 16 September 2021 until dismissal on notice on 22 June 2023, and he accepted that the claim had been presented before completing ACAS early conciliation.

The tribunal held that the claim, as pleaded, did not show that Mr Aslam himself had made a qualifying disclosure within section 43B ERA. It found that he said any disclosures were made anonymously, which meant the respondent could not have subjected him to detriment because of a disclosure it did not know he had made. The judge also found there was no evidence available to support the allegation that he had made a protected disclosure, and concluded the claim had no reasonable prospect of success. The claim was therefore struck out under Rule 37(1)(a), and the judgment cited Swain v Hillman, A v B (and another), Anyanwu, Community Law Clinic Solicitors v Methuen, and Ezsias in reaching that conclusion.