Burke v Hastings Hotel Group Ltd [2012] NIIT 02648_11IT (18 June 2012)

Burke v Hastings Hotel Group Ltd [2012] NIIT 02648_11IT (18 June 2012)

The tribunal found no protected disclosure, no detriment, no less favourable treatment as a part-time worker, and no fundamental breach of contract by the respondent. The claimant's evidence was inconsistent and unsupported; the respondent's actions were reasonable and proportionate.

Citation
[2012] NIIT 02648_11IT
Parties
Claimant: Lisa Burke; Respondent: Hastings Hotels Group Ltd
Jurisdiction
Northern Ireland
Judgment Date
18 June 2012
Procedural Posture
Industrial Tribunal / Final Judgment
Outcome
Claim dismissed
Legal Topics
Protected Disclosure, Part Time Worker Rights, Constructive Dismissal
Employment Law Protected Disclosure Part Time Worker Rights Constructive Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Lisa Burke

Claimant

Hastings Hotels Group Ltd

Respondent

Procedural Posture

Industrial Tribunal / Final Judgment

Legal Issues

  1. 1 Whether the claimant made a protected disclosure on 18 March 2011
  2. 2 Whether the claimant suffered detriment for making a protected disclosure
  3. 3 Whether the claimant was treated less favourably as a part-time worker

Ratio Decidendi

The tribunal found no protected disclosure, no detriment, no less favourable treatment as a part-time worker, and no fundamental breach of contract by the respondent. The claimant's evidence was inconsistent and unsupported; the respondent's actions were reasonable and proportionate.

Court Disposition

Claim dismissed

Orders

  • Claimant’s claims are dismissed