C Buxton-Wade v Norfolk Countryside Care Ltd and I Gibb: 3302775/2023
| Jurisdiction | England & Wales |
| Judgment Date | 19 January 2024 |
| Date | 19 January 2024 |
| Citation | 3302775/2023 |
| Court | Employment Tribunal |
| Published date | 06 February 2024 |
| Subject Matter | Public Interest Disclosure |
Case No:3302775/2023
1
EMPLOYMENT TRIBUNALS
Claimant: Cameron Buxton-Wade
First Respondent: Norfolk Countryside Care Limited
Second Respondent: Ian Gibb
Open preliminary hearing
Heard at: Bury St Edmunds (by Video) On: 23 October 2023
Before: Employment Judge S.L.L. Boyes (Sitting Alone)
Representation
Claimant: Mr Frame, solicitor
Respondent: Mr Bunting, counsel
RESERVED JUDGMENT
The entirety of the conversation at the meeting which took place on 24 November
2022, and any consequent documents that refer to the contents of that
conversation, are admissible both pursuant to the ‘without prejudice’ rule at
common law and section 111(a) of the Employment Rights Act 1996 and therefore
can be relied upon in evidence at the final hearing.
REASONS
1. The Claimant claims unfair dismissal (actual, or in the alternative constructive),
automatically unfair dismissal on the basis that he made a protected disclosure, that
he suffered a detriment because he made a protected disclosure and unauthorised
deduction from wages (arrears of pay). The Respondent denies all claims.
2. The Respondents assert that the Claimant seeks to rely upon a ‘without prejudice’
conversation and/or pre-termination negotiations with the meaning of section 111A
Employment Rights Act 1996. The purpose of the hearing was to determine the
admissibility of the contents of a discussion which took place on 24 November 2022.
The Proceedings/Hearing
3. The Respondents had also made a strike out application on the basis that the claim
has little or no reasonable prospects or, in the alternative, submits that a deposit
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