EAT Upholds North Lanarkshire Council Dismissal, Rejects Whistleblower Detriment Claim
The EAT has upheld a council's dismissal of a driver and rejected his claim for suffering detriment after whistleblowing. The tribunal ruled the whistleblowing claim was outside the time limit and the dismissal, due to long-term sickness absence, was fair.
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Whistleblower Claim Time-Barred, Dismissal Fair, Rules EAT
The Employment Appeal Tribunal (EAT) has upheld North Lanarkshire Council's dismissal of a driver, Mr Paul Douglas, and rejected his claim for detriment after making protected disclosures. The EAT ruled the whistleblowing claim was time-barred and the dismissal was fair.
Background
Mr Douglas, a long-term council employee, was dismissed in February 2020 after a substantial period of sickness absence. He initially claimed unfair dismissal and later sought to amend his claim to include allegations of detriment for whistleblowing, specifically concerning complaints he made in March 2019 about proposed changes to his duties and other workplace issues.
EAT Judgment
The EAT found the tribunal was correct to rule that the whistleblowing claim was brought too late. Although Mr Douglas sought to amend his claim, the specifics of the whistleblowing allegations and associated detriments were unclear until the full hearing. The tribunal found it was then too late to consider these claims, as they fell outside the legal time limits.
Regarding the unfair dismissal claim, the EAT agreed with the tribunal that the dismissal was fair. The council had reasonable grounds to believe Mr Douglas's attendance would not improve, based on his past record and occupational health reports. The EAT found the dismissal, though harsh, fell within the range of reasonable responses open to an employer in such circumstances.
Implications
This case highlights the importance of presenting claims to the Employment Tribunal within the required timeframes and ensuring all details are fully specified, especially when adding new claims through amendments.
