Mr V Efetie v Accor UK Business and Leisure Hotels Ltd: 3200476/2023

EMPLOYMENT TRIBUNALS

Case No 3200476/2023

Between

Mr V EfetieClaimant

Accor UK Business and Leisure Hotels LimitedRespondent

Before

Employment Judge S Shore

Members

Ms G Forrest

Mr S Woodhouse

In person for claimant

Date 30 August 2024

JUDGMENT

The unanimous judgment of the Employment Tribunal is that:-

[1]The claimant’s claims of detriment because he made a protected disclosure under sections 43B and 47B of the Employment Rights Act 1996 (“ERA 1996”) are determined as follows: 1.1. October 2021 - Conducting knife training for the Claimant - fails. 1.2. October 2021 – Setting up the Claimant for dismissal, by arranging for a customer to give him a £5 tip even though she had not paid for her drink - fails. 1.3. October 2021 – Causing the Claimant’s account to go missing on the till/tablet and instead telling him to use Nicolo Bravo’s account instead - fails. Case Number: 3200569/2022 1.4. Around March 2022 – failing to pay the Claimant for overtime hours he had worked, despite being promised he would be paid – is dismissed upon withdrawal. 1.5. March 2022 – starting a campaign to falsely inform staff members that the Claimant was sometimes not taking payments for food and drinks ordered by guests - fails. 1.6. March/April 2022, the Claimant’s account was frequently going missing on the till/tablet - fails. 1.7. March/April 2022, Flora Falcon (Front Office Manager) and Elena Caraus (Deputy General Manager) ignored his greetings - fails. 1.8. March/April 2022, training Merhawit Tsegay to take up the job of shift leader even though the Claimant was the most qualified and experienced person for the vacant job - fails. 1.9. On 13 May 2022, being handed a document entitled “Protection of Personal Data of Team Members” which included reference to whistleblowing - fails. 1.10. In July 2022 rotaing the Claimant to work on the day of the leaving party and preventing him from taking his break at the time when other members of staff were congregating in the Bar area. This reinforced to the Claimant that he was not able to participate in the leaving event - fails. 1.11. In August 2022, failing to celebrate the Claimant’s birthday on the WhatsApp group chat, and failing to give him the day off work - fails. 1.12. In September/October 2022, telling new members of staff not to listen to the Claimant during their training - fails. 1.13. On 30 October 2022, the Claimant’s account went missing on the till/tablet - fails. 1.14. On 31 October 2022, the Claimant was falsely accused of putting through orders for vegetable lasagne and vegetable burger/falafel burger - fails. 1.15. On 3 February 2023, recruiting for the role of F&B shift leader without advertising the role so that the Claimant would have the opportunity of applying - fails. Case Number: 3200569/2022

[2]As the Tribunal has dismissed all but one of the claimant’s claims, and he withdrew the remaining claim, there is no requirement to hold a remedy hearing.