Ann Henderson v GCRM Limited & Ors

Ann Henderson v GCRM Limited & Ors

The Tribunal erred by failing to make clear findings on whether the second respondent manipulated the third respondent or created a false pretext for dismissal under Jhuti; the section 103A complaint is remitted for reconsideration. The Tribunal also erred in applying Jhuti to section 47B(1A) and (1B) complaints, as...

Source-derived case information.

Parties
Appellant: Ms Ann Henderson; Respondent: GCRM Limited; Respondent: Second Respondent (Line Manager); Respondent: Third Respondent (Dismissing Manager)
Jurisdiction
England and Wales
Judgment Date
10 October 2025
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
Claimant's appeal allowed in part; respondent's appeal allowed
Legal Topics
Whistleblowing, Protected Disclosures, Unfair Dismissal, Detriment, Vicarious Liability
Employment Law Whistleblowing Protected Disclosures Unfair Dismissal Detriment Vicarious Liability

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Summary, issues, holding and outcome

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Parties

Ms Ann Henderson

Appellant

GCRM Limited

Respondent

Second Respondent (Line Manager)

Respondent

Third Respondent (Dismissing Manager)

Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Employment Tribunal properly considered the applicability of Royal Mail Limited v. Jhuti to the section 103A complaint
  2. 2 Whether the Tribunal erred in applying Jhuti to complaints under sections 47B(1A) and (1B)
  3. 3 Whether an innocent manager can be personally liable for dismissal detriment under section 47B(1A)

Ratio Decidendi

The Tribunal erred by failing to make clear findings on whether the second respondent manipulated the third respondent or created a false pretext for dismissal under Jhuti; the section 103A complaint is remitted for reconsideration. The Tribunal also erred in applying Jhuti to section 47B(1A) and (1B) complaints, as liability cannot be imposed on innocent individuals who lack proscribed motivation.

Court Disposition

Claimant's appeal allowed in part; respondent's appeal allowed

Orders

  • Paragraph 2 of the Tribunal’s judgment set aside; section 103A complaint remitted to the same Tribunal for reconsideration under Jhuti
  • Paragraph 3 of the Tribunal’s judgment set aside; complaints under section 47B(1A) against the third respondent and under section 47B(1B) against the first respondent dismissed