VICTIMISATION DICRIMINATION – Protected disclosure
The Claimant alleged in her Particulars of Claim that the Respondent subjected her to a detriment because she had alleged in an email of 1 December 2015 that asking her to work certain hours would be a breach of the Working Time Regulations 1998. A list of issues agreed at the outset of the hearing of her claims, categorised the allegation as a working time claim under Employment Rights Act 1996 section 45A(1) and not one under section 48(1A), detriment on the grounds of making a protected disclosure within the meaning of section 43B(1). The Employment Tribunal erred in failing to consider the substance of the claim before them and wrongly categorising it in the list of issues as an allegation of past breach of the Working Time Regulations. Parekh v London Borough of Brent [2012] EWCA 1630 applied. Dismissal of claim of detriment for making a protected disclosure on the only basis considered by the Employment Tribunal, endangering health and safety, set aside. Claim remitted to the same Employment Tribunal for decision on the claim that the email of 1 December 2015, contained a protected disclosure of a likely breach of the Working Time Regulations within the meaning of section 43B(1)(b). Ground 2 of the appeal which alleged an error in holding that another email, that of 7 December 2015, was not a protected disclosure dismissed.
Citations:
[2018] UKEAT 0080 – 18 – 2911
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 15 September 2022; Ref: scu.631193