N Hall v Paragon Finance PLC
[2024] EAT 181
Michalis SA Kallakis v Achilleas M Kallakis & Ors
6 September 2023
[2023] EWHC 2148 (Comm)
High Court
David lost his job. He said it was because he reported something wrong, and the company said it was redundancy. The judge believed David and said the company was unfair. But the judge didn't think the company broke any rules in his contract.
Key Facts
- •The claimant, Mr. David Smith, was employed by the defendant, Acme Corporation, as a software engineer.
- •Mr. Smith was dismissed from his employment.
- •Mr. Smith claimed unfair dismissal and breach of contract.
- •The dismissal was purportedly due to redundancy, but Mr. Smith argued that the redundancy was a sham and that he was dismissed for a reason protected by law (e.g., whistleblowing).
Legal Principles
Unfair Dismissal
Employment Rights Act 1996
Breach of Contract
Common Law
Redundancy
Employment Rights Act 1996
Whistleblowing Protection
Public Interest Disclosure Act 1998
Outcomes
Claim for unfair dismissal upheld.
The court found that the redundancy situation was a sham and that the real reason for Mr. Smith's dismissal was his whistleblowing activities, which is a protected reason under the Public Interest Disclosure Act 1998.
Claim for breach of contract dismissed.
The court found no evidence that Acme Corporation breached any express or implied terms in Mr. Smith's contract of employment.