Mrs L McNicholas v Care and Learning Alliance and CALA Staffbank

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No: 4118429/18 Held in Aberdeen on 8, 9, 10 & 11 July and 26 November 2019 10 Employment Judge J. M. Hendry Tribunal Member A. Sillars Tribunal Member F. Parr 15 Mrs L McNicholas Claimant Represented by Mr Menon Counsel 20 Care and Learning Alliance 1 Respondent Represented by Mr C Robertson 25 Solicitor nd CALA Staffbank 2 Respondent Represented by 30 Mr ...

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 35 The unanimous decision of the Tribunal is as follows: (One) The claimant made the following protected disclosures: 40 (i) On the 25 of April 2018 the claimant made a protected interest disclosure in terms of section 43B(1)(b) of the Employment Rights Act

E.T. Z4 (WR) S/4118429/18 Page 2 to Ms J D. and Ms N. W. that the nursery was in breach of it’s legal obligations by failing to comply with Z’s child plan and in terms of section 43B(1)(c) of the Act that she reasonably believed that there was a likely danger to the health and safety of Z and other children and 5 further, in terms of section 43B(1)(f) that there was a likelihood of such informa...

1. The claimant in her ET1 sought findings in relation to whistleblowing detriments (in terms of section 47B and 103A of the Employment Rights Act 1996) against the first respondents (CALA) and unfair dismissal against the second respondents CALA Staffbank (‘Staffbank’). 5

2. The claims were opposed. Mr Robertson appeared for both companies. Their position essentially was that they had acted in the way they had because they had good reason to. Accordingly, the claimant had not suffered any detriment or detriments and that the claimant was dismissed for reasons 10 other than those relating to whistleblowing. The Issues