Kaltz Ltd v Hamer (Victimisation Discrimination : Whistleblowing) [2011] UKEAT 1853_10_1509 (15 September 2011)

Kaltz Ltd v Hamer (Victimisation Discrimination : Whistleblowing) [2011] UKEAT 1853_10_1509 (15 September 2011)

It was open to the Employment Tribunal to dismiss an ordinary unfair dismissal claim and uphold a whistleblowing claim, as the findings were discrete and free-standing. The Tribunal's finding that the principal reason for dismissal was the protected disclosure was a factual finding open to it. However, it is reasonably arguable that the Tribunal erred in holding as a principle that contribution to such an automatically unfair dismissal could not be found.

Citation
[2011] UKEAT 1853_10_1509
Parties
Claimant: Claimant; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
15 September 2011
Procedural Posture
Employment Appeal / Rule 3(10) Application and Preliminary Hearing
Outcome
Matter to proceed to a full hearing; appeal not dismissed at this stage.
Legal Topics
Unfair Dismissal, Whistleblowing, Victimisation Discrimination, Contributory Fault
Employment Law Unfair Dismissal Whistleblowing Victimisation Discrimination Contributory Fault

Case Brief

Summary, issues, holding and outcome

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Parties

Claimant

Claimant

Respondent

Respondent

Procedural Posture

Employment Appeal / Rule 3(10) Application and Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in separating ordinary unfair dismissal from whistleblowing dismissal under section 103A of the Employment Rights Act 1996
  2. 2 Whether contribution to an automatically unfair dismissal for whistleblowing can be found
  3. 3 Whether the Tribunal's findings on the principal reason for dismissal were perverse or wrong in principle

Ratio Decidendi

It was open to the Employment Tribunal to dismiss an ordinary unfair dismissal claim and uphold a whistleblowing claim, as the findings were discrete and free-standing. The Tribunal's finding that the principal reason for dismissal was the protected disclosure was a factual finding open to it. However, it is reasonably arguable that the Tribunal erred in holding as a principle that contribution to such an automatically unfair dismissal could not be found.

Court Disposition

Matter to proceed to a full hearing; appeal not dismissed at this stage.

Orders

  • The matter should go forward to a full hearing on the issues of contribution and Polkey.