Phoenix House Ltd v Stockman (VICTIMISATION DISCRIMINATION –- Detriment - UNFAIR DISMISSAL) [2019] UKEAT 0284_17_0507 (5 July 2019)

Phoenix House Ltd v Stockman (VICTIMISATION DISCRIMINATION –- Detriment - UNFAIR DISMISSAL) [2019] UKEAT 0284_17_0507 (5 July 2019)

The Employment Tribunal was entitled to find that the Respondent committed acts of victimisation and public interest disclosure detriment based on the evidence, particularly Ms Bond's witness statement. The Tribunal correctly exercised its discretion in declining reinstatement or re-engagement due to soured relationships and contribution to dismissal. The Tribunal properly assessed the impact of the covert recording, finding it did not amount to gross misconduct and justified only a limited reduction in compensation.

Citation
[2019] UKEAT 0284_17_0507
Parties
Respondent: Phoenix House Limited; Claimant: Tatiana Stockman
Jurisdiction
United Kingdom
Judgment Date
05 July 2019
Procedural Posture
Employment Appeal / Appeal and Cross Appeal
Outcome
Appeal and cross appeal dismissed
Legal Topics
Victimisation, Whistleblowing, Unfair Dismissal, Compensation, Reinstatement, Re Engagement, Protected Disclosure, Burden of Proof, Remedy, Misconduct
Employment Law Equality Law Victimisation Whistleblowing Unfair Dismissal Compensation Reinstatement Re Engagement +4 more

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Parties

Phoenix House Limited

Respondent

Tatiana Stockman

Claimant

Procedural Posture

Employment Appeal / Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the Respondent committed acts of victimisation and public interest disclosure detriment
  2. 2 Whether the Employment Tribunal erred in declining to order reinstatement or re-engagement
  3. 3 Whether the Employment Tribunal erred in its approach to reduction of compensation for covert recording

Ratio Decidendi

The Employment Tribunal was entitled to find that the Respondent committed acts of victimisation and public interest disclosure detriment based on the evidence, particularly Ms Bond's witness statement. The Tribunal correctly exercised its discretion in declining reinstatement or re-engagement due to soured relationships and contribution to dismissal. The Tribunal properly assessed the impact of the covert recording, finding it did not amount to gross misconduct and justified only a limited reduction in compensation.

Court Disposition

Appeal and cross appeal dismissed

Orders

  • No reinstatement or re-engagement ordered
  • Compensation awards upheld with reductions as determined by the Employment Tribunal