N Hall v Paragon Finance PLC
The Employment Tribunal's conclusions on whether the claimant made protected disclosures (PD1, PD2, PD3) were unsustainable due to failure to engage with the parties' cases and errors in reasoning, but the ET's finding on causation—that the dismissal was due to conduct concerns predating disclosures and not because of protected disclosures—was upheld, resulting in dismissal of the appeal and allowance of the cross-appeal without further direction.
- Parties
- Appellant/respondent to the Cross Appeal: Mr N Hall; Respondent/cross Appellant: Paragon Finance PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 21 November 2024
- Procedural Posture
- Employment Appeal / Judgment on Appeal and Cross Appeal
- Outcome
- appeal dismissed; cross-appeal allowed
- Legal Topics
- Whistleblowing, Protected Disclosure, Automatic Unfair Dismissal, Interim Relief, Causation, Qualifying Disclosure
Case Brief
Summary, issues, holding and outcome
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Parties
Mr N Hall
Appellant/respondent to the Cross Appeal
Paragon Finance PLC
Respondent/cross Appellant
Procedural Posture
Employment Appeal / Judgment on Appeal and Cross Appeal
Legal Issues
- 1 Whether the claimant made qualifying protected disclosures under the Employment Rights Act 1996
- 2 Whether the claimant had a reasonable belief in a breach of legal obligation
- 3 Whether the protected disclosures were the reason or principal reason for dismissal
Ratio Decidendi
The Employment Tribunal's conclusions on whether the claimant made protected disclosures (PD1, PD2, PD3) were unsustainable due to failure to engage with the parties' cases and errors in reasoning, but the ET's finding on causation—that the dismissal was due to conduct concerns predating disclosures and not because of protected disclosures—was upheld, resulting in dismissal of the appeal and allowance of the cross-appeal without further direction.
Court Disposition
appeal dismissed; cross-appeal allowed
Full Case Text
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