C Maxwell v E.ON UK plc: 1303185/2021
JUDGMENT
[1]The Claimant’s claim of unfair dismissal, pursuant to s.94 Employment Rights Act, is not well founded and is dismissed.[2]The Claimant’s claim of automatic unfair dismissal, pursuant to s.103A Employment Rights Act, is not well founded and is dismissed.[3]The Claimant’s claim of public interest disclosure detriment in respect of subjecting the Claimant to formal disciplinary action because he refused to accept a stage 4 warning as it was fundamentally wrong and still left the customer at risk, is not well founded and is dismissed.[4]The Claimant’s claim of public interest disclosure detriment in respect of denying the Claimant the opportunity of an appeal grievance hearing in breach of the ACAS Code of Practice is well founded and succeeds.[5]A remedy hearing is to be listed. The parties are to send their unavailable dates for the next three months to the Employment Tribunal within seven days of the date of this order. Case No: 1303185/2021[6]Remedy is to be assessed if not agreed. The parties should liaise to seek to agree remedy. If the parties agree remedy, they should notify the Tribunal forthwith so the hearing can be vacated.