Mr G Hamer v Hartley Botanic Ltd (England and Wales : Health & Safety : Public Interest Disclosure : Unfair Dismissal) [2017] UKET 2401281/2017 (22 March 2017)

Mr G Hamer v Hartley Botanic Ltd (England and Wales : Health & Safety : Public Interest Disclosure : Unfair Dismissal) [2017] UKET 2401281/2017 (22 March 2017)

The tribunal found that the principal reason for the claimant's dismissal was the making of protected disclosures concerning health and safety, rendering the dismissal automatically unfair under section 103A of the Employment Rights Act 1996.

Source-derived case information.

Citation
[2017] UKET 2401281/2017
Parties
Claimant: Mr G Hamer; Respondent: Hartley Botanic Ltd
Jurisdiction
United Kingdom
Judgment Date
22 March 2017
Procedural Posture
Employment Tribunal / Judgment
Outcome
Claim upheld
Legal Topics
Unfair Dismissal, Public Interest Disclosure, Health and Safety
Employment Law Unfair Dismissal Public Interest Disclosure Health and Safety

Source-derived case record

Summary, issues, holding and outcome

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Parties

Mr G Hamer

Claimant

Hartley Botanic Ltd

Respondent

Procedural Posture

Employment Tribunal / Judgment

Legal Issues

  1. 1 Whether the claimant was unfairly dismissed
  2. 2 Whether the dismissal was related to a protected disclosure (whistleblowing)
  3. 3 Whether health and safety concerns were raised

Ratio Decidendi

The tribunal found that the principal reason for the claimant's dismissal was the making of protected disclosures concerning health and safety, rendering the dismissal automatically unfair under section 103A of the Employment Rights Act 1996.

Court Disposition

Claim upheld

Orders

  • The claimant's dismissal was automatically unfair
  • The respondent is ordered to pay compensation to the claimant