Pump Court Chambers

Tim Dracass successfully defends Respondent at the Employment Appeal Tribunal

News 17th May 2024

Tim, instructed by Starford HR & Legal Services, successfully represented MB Architects Ltd at the EAT against claims of automatic unfair dismissal, brought by the Claimant who had been made redundant during the pandemic in March 2020.

The Claimant said that he had made a protected disclosure (whistleblowing complaint) and that was the reason for his unfair dismissal and selection for redundancy.

All of the claims were unanimously dismissed at the Employment Tribunal and the appeal was also dismissed. The judge found that the first claim failed on causation grounds because the principal reason for dismissal was redundancy not the making of the alleged protected disclosures. Similarly on the second claim the judge found that the selection for redundancy was because the Claimant was one of the highest earners in the firm and not because of making the alleged protected disclosures. On the third ground the judge was very clear that the alleged protected disclosures did not satisfy the requirement that in order to have the protection afforded to whistleblowers, the disclosures had to be made in the public interest.  In this case, they were not.

In their press release, Starford HR & Legal Services praised Tim for his “excellent advocacy both at the ET and the EAT, and for his overall support.”

For further information about Tim’s practice, or to instruct him or any other member of our employment law team, please contact Dean Cunniff, First Junior Civil Clerk on 020 7353 0711 or via email: clerks@pumpcourtchambers.com.

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