14 Jul 2026
Claim dismissed
Unfair Dismissal and Other
Heard at Nottingham
The claimant failed to prove that his dismissal was for asserting a statutory right or for raising health and safety concerns; the employer dismissed for capability reasons.
Legal Issues (2)
- Whether the dismissal was automatically unfair under s.104 ERA for asserting a statutory right (Working Time Regulations) and whether the claimant suffered a detriment under s.44 ERA for raising health and safety concerns. The tribunal found no actual assertion of a right and no reasonable belief of harm
- the real reason was capability
Reference: 6044148/2025