Case 8001095/2024 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001095/2024 Held in Aberdeen on 8, 9, 14, & July 2025 Employment Judge N M Hosie Members K Pirie; J McCaig Mr M Daryoush v Baker Hughes — 2024
- Case reference
- 8001095/2024
- Decision date
- 15 February 2024
- Jurisdiction
- Scotland
- Venue
- Aberdeen
- Panel members
- K Pirie, J McCaig
Parties
2 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001095/2024 Held in Aberdeen on 8, 9, 14, & July 2025 Employment Judge N M Hosie Members K Pirie; J McCaig Mr M Daryoush
Respondent
Key findings
Tribunal's reasoningMr Mahdi Daryoush worked for Baker Hughes Limited from 1 March 2019 as a Sales Technician Manager. The tribunal found that on 5 September 2023 he sent 14 emails to his personal account containing 486 documents from his Baker Hughes email account, and that the respondent was alerted the next day by its data protection team. After an investigation by Paul Harding, disciplinary hearings on 17 January and 15 February 2024, dismissal without notice on 22 February 2024, and an unsuccessful appeal on 29 July 2024, the tribunal considered both ordinary unfair dismissal and automatic unfair dismissal by reason of protected disclosure.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal found the reason for dismissal was conduct, not the alleged protected disclosure. It held the respondent had a genuine and reasonable belief in misconduct after a reasonable investigation, and that dismissal for the document download was within the band of reasonable responses. The conflict-of-interest issue alone would not have justified summary dismissal, but it reinforced the overall decision. | Dismissed | — | — |
| Whistleblowing | The tribunal, with some hesitation, accepted that the claimant had made a qualifying disclosure for s.43B purposes, but found no causal connection between any disclosure and the dismissal. Mr Morrison was unaware of the alleged disclosure when he decided to dismiss, and there was no evidence of collusion or that whistleblowing was raised as the reason for discipline during the process or appeal. | Dismissed | — | — |
Legal tests applied
8 references- Burchell test
- s.98(4) ERA 1996
- s.103A ERA 1996
- s.43B ERA 1996
- Kilraine v Wandsworth London Borough Council
- Iceland Frozen Foods Ltd v Jones
- Sainsbury's Supermarkets Ltd v Hitt
- ACAS Code of Practice
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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