Holton v BUPA Care Homes (CFH Care) Ltd (Victimisation Discrimination : Protected disclosure) [2014] UKEAT 0393_13_1405 (14 May 2014)

Holton v BUPA Care Homes (CFH Care) Ltd (Victimisation Discrimination : Protected disclosure) [2014] UKEAT 0393_13_1405 (14 May 2014)

The Employment Tribunal did not err in its identification or determination of the issues; the Claimant did not advance the failure to deal with her grievance as a detriment; the Tribunal made adequate findings and reasoning on the alleged detriments; and any detriments by co-workers could not result in vicarious liability for the Respondent under the law at the time. The appeal is dismissed.

Citation
[2014] UKEAT 0393_13_1405
Parties
Appellant: Claimant (Appellant); Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
14 May 2014
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Victimisation, Protected Disclosure, Whistleblowing, Detriment, Case Management, Constructive Unfair Dismissal
Employment Law Victimisation Protected Disclosure Whistleblowing Detriment Case Management Constructive Unfair Dismissal

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant (Appellant)

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in failing to determine if specific incidents constituted detriments for protected disclosures
  2. 2 Whether the Tribunal failed to adequately record and reason findings on annual leave and payment issues as detriments
  3. 3 Whether the Tribunal failed to identify and determine the failure to deal with the Claimant’s grievance as a detriment related to protected disclosures

Ratio Decidendi

The Employment Tribunal did not err in its identification or determination of the issues; the Claimant did not advance the failure to deal with her grievance as a detriment; the Tribunal made adequate findings and reasoning on the alleged detriments; and any detriments by co-workers could not result in vicarious liability for the Respondent under the law at the time. The appeal is dismissed.

Court Disposition

Appeal dismissed