Mr Dino Pistacchio v National House Building Council: 3328166/2017
| Jurisdiction | England & Wales |
| Judgment Date | 07 November 2018 |
| Citation | 3328166/2017 |
| Court | Employment Tribunal |
| Published date | 29 January 2019 |
| Subject Matter | Fixed Term Regulations |
Case No: 3328166/2017
1
EMPLOYMENT TRIBUNALS
Claimants: Mr Dino Pistacchio
Respondent: National House Building Council
HEARD AT: Cambridge on 29-31 October 2018
BEFORE: Employment Judge Michell
Mrs A Carvell
Mr R Eyre
REPRESENTATION: For the Claimant: In person.
For the Respondent: Ms Victoria Brown (Counsel)
RESERVED JUDGMENT
The unanimous judgment of the tribunal is that:
1. The Claimant’s claim that he was subjected to detriments contrary to Section 47B of
the Employment Rights Act (“ERA”) on the ground of making a protected disclosure is
not well founded, and is dismissed.
2. The Claimant’s claim of less favourable treatment contrary to Regulation 3 of the Fixed
Term Employees (Prevention etc) Regulations 2002 (“the 2002 Regulations”) is not
well founded, and is dismissed.
REASONS
BACKGROUND
1. The Claimant commenced employment at the Respondent (“NHBC”) on 22 August
2016 under a fixed term contract which was at inception due to expire on 31 March
2017, but which was extended in February 2017 to expire on 30 June 2017 (“EDT”).
Following compliance with the Early Conciliation (“EC”) procedure (for which ‘Day A’
was 28 July 2017 and ‘Day B’ 11 August 2017), on 29 September 2017 he presented
a claim alleging detriment for making a protected disclosure contrary to s47B ERA, and
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