Mr A Nath v Meera Nursing Home Ltd and Mr N Nayar: 3303625/2020
JUDGMENT
This has been a remote hearing which has not been objected to by the parties. The form of remote hearing was by HM Courts & Tribunal Service Cloud Video Platform (wholly remote). A face-to-face hearing was not held because the relevant matters could be determined in a remote hearing. The unanimous judgment of the Employment Tribunal is that: -[1]The claimant made a protected disclosure under s43B Employment Rights Act 1996 on 3 July 2019 in respect of the audit of Ms Susie Magnier and her registration or authorisation for data control purposes. The claimant’s 2 other alleged whistleblowing disclosures were not protected disclosures under s43B Employment Rights Act 1996.[2]The claimant was subject to 4 out of 18 detriments claimed on the grounds of whistleblowing or protected disclosure, in contravention of s43B Employment Rights Act 1996.[3]The respondent did not dismiss the claimant because he had made a protected disclosure, in breach of s103A Employment Rights Act 1996.[4]The respondent did unfairly dismiss the claimant, in breach of section s94 Case Number: 3303625/2020 A Employment Rights Act 1996.[5]The claimant was subjected to an unlawful deduction of wages contrary to s13 Employment Rights Act 1996 in respect of underpayment or non-payment of wages due for 2 days in January 2020 and 5 days in February 2020.[6]The case will be listed for a remedy hearing if the parties are unable to agree compensation.