Ms Zukauskiene Respondent (1): Sofina Foods Ltd Respondent (2): Karro Food Group Ltd Heard in Sheffield (in person) v Respondent — 2025

Ms Zukauskiene was employed by the second respondent. The tribunal found that she had a reasonable belief and that it was in the public interest to make disclosures about staff handling bacon without wearing gloves and staff violating the respondents' dress code. It also found that she did make those disclosures to the second respondent before her dismissal and that they qualified for protection under section 43B ERA 1996. The first respondent was dismissed from the proceedings.

The claimant's complaint under section 103A ERA 1996, alleging that the reason or principal reason for dismissal was the protected disclosures, was dismissed. Her separate unfair dismissal complaint under sections 94-98 ERA 1996 succeeded, and the tribunal held that she had been unfairly dismissed.

The tribunal further found that the claimant would have been fairly dismissed in any event and fixed the effective date of termination at 25 September 2023. It held that the respondent had unreasonably failed to comply with the ACAS Code of Practice on Disciplinary and Grievance Procedures 2015, so the compensatory award was increased by 15% under section 207A TULRCA 1992, but then reduced by 75% for contributory conduct. The basic award was also reduced by 75% because of the claimant's conduct before dismissal. The final sums payable were £968.31 as basic award and £918.53 as compensatory award, and the Employment Protection (Recoupment of Benefits) Regulations 1996 did not apply.