Mr K Maris v JELD-WEN UK Limited HELD In Sheffield — 2024

By consent, the tribunal recorded that on 10 July 2023 at 06:50 the claimant made a disclosure to JELD-WEN UK Limited which was a protected disclosure for the purposes of Part IVA of the Employment Rights Act 1996. The tribunal then found that the principal reason for the respondent’s dismissal of the claimant on 14 July 2023 was that disclosure.

On that basis, the claimant’s complaint under section 103A ERA 1996 succeeded. No basic award was made because the claimant had insufficient qualifying service for section 119(1) ERA 1996.

The compensatory award was assessed at £9,916.84. The tribunal calculated 16 weeks’ loss of earnings from 14 July 2023 to 30 November 2023 on the basis of net weekly pay of £1,360 inclusive of car allowance and employer pension contributions at 3%, then deducted two weeks’ remuneration received from the respondent and earnings from alternative employment from 16 October 2023 to 30 November 2023. It then applied a 25% ACAS uplift under section 207A of the Trade Union and Labour Relations (Consolidation) Act 1992, followed by reductions of 10% for lack of good faith under section 126(6A) ERA 1996 and 25% for contributory conduct under section 123(6) ERA 1996.

The claimant’s application for a Preparation Time Order was withdrawn and dismissed.