Ms M C Brodu v Aon UK Ltd: 2202036/2019
JUDGMENT
Upon the application of the Respondent, the claim advanced by the Claimant of automatic unfair dismissal on the basis that she had made protected disclosures is struck out.REASONS
[1]Full reasons were given at the hearing but, in summary, I formed the view that the Claimant stood no reasonable prospect of successfully proving that:a. She had made any protected disclosures within the meaning of section 43B of the Employment Rights Act 1996; andb. The reason for dismissal was that she had made a protected disclosure per section 103A of the Act.[2]In those circumstances and, having been referred to the recent guidance given by HH Judge Eady QC (as was) in Arthur v Hertfordshire Partnership University Page 1 of 2 Case Number: NHS Foundation Trust UKEAT/0121/19/LA at paragraphs 19 to 24, I have formed the view that it is just to proceed to a strike out. In particular, I have regard to the following facts:a. The alleged protected disclosures are all in writing and therefore I have seen them all, andb. The Respondent’s case concerning the reason it dismissed the Claimant is supported by documentary evidence of concern over the Claimant’s communication skills that begins before any of the alleged protected disclosures and continues through to dismissal.[3]To permit this case to advance to a full Hearing would occasion considerable time, effort and expense on the part of the Respondent which, given the view I had formed as regards the prospects of success, would not be just.