Akintola v. Capita Symonds Ltd [2009] UKEAT 0261_09_2408 (24 August 2009)

Akintola v. Capita Symonds Ltd [2009] UKEAT 0261_09_2408 (24 August 2009)

The Marble Arch incident was not within the scope of the Employment Tribunal's jurisdiction, no protected disclosure claim was validly made regarding it, and no detriment was established; therefore, the appeal must be dismissed.

Source-derived case information.

Citation
[2009] UKEAT 0261_09_2408
Parties
Appellant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
24 August 2009
Procedural Posture
Employment Appeal / Preliminary Hearing
Outcome
appeal dismissed
Legal Topics
Victimisation Discrimination, Whistleblowing, Constructive Dismissal, Protected Disclosure, Health and Safety
Employment Law Victimisation Discrimination Whistleblowing Constructive Dismissal Protected Disclosure Health and Safety

Source-derived case record

Summary, issues, holding and outcome

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Parties

Claimant

Appellant

Respondent

Respondent

Procedural Posture

Employment Appeal / Preliminary Hearing

Legal Issues

  1. 1 Whether the Marble Arch incident constituted a protected disclosure
  2. 2 Whether the Claimant suffered detriment as a result of a protected disclosure
  3. 3 Whether the Employment Tribunal erred in not making findings on detriment for the Marble Arch incident

Ratio Decidendi

The Marble Arch incident was not within the scope of the Employment Tribunal's jurisdiction, no protected disclosure claim was validly made regarding it, and no detriment was established; therefore, the appeal must be dismissed.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.