The Claimant brought a claim of unfair dismissal. The Tribunal allowed the claim. The Tribunal proceeded on the basis that the Claimant had stated a claim for whistleblowing detriment. The EAT held that this claim was not before the Tribunal. The Claimant had disclaimed this ground of action in a preliminary hearing before the full hearing. The EAT held however that the Tribunal had been entitled to uphold the Claimant’s submission that she had been dismissed because she made protected disclosures. Even though she did not seek a remedy based on whistleblowing detriment, her evidence, which had been led without objection, was that her lack of capability was not the reason for her dismissal. The EAT held that the Tribunal was entitled to accept this evidence and reject the Respondent’s explanation for her dismissal. The EAT likewise held that the Tribunal was not entitled to uphold her claim of discrimination in the absence of any basis for such a claim in the ET1 or the evidence led at tribunal.
[2021] UKEAT 0008 – 20 – 2907
Bailii
England and Wales
Updated: 30 October 2021; Ref: scu.667947