The claimant claimed that he was unfairly dismissed because he had raised health and safety concerns and/or because he had asserted statutory rights.The claimant also alleged that his dismissal was automatically unfair, falling into the exceptions to the 12 months continuous employment that is normally required to bring a claim for unfair dismissal. The respondent asserted that the claimant did not have the requisite period of continuous employment to bring his claim.

The claimant raised numerous health and safety concerns following a regulatory body inspection and made further contact with senior staff regarding concerns about staffing numbers. Senior staff later met to discuss the claimant’s refusal to accept that there would not be an increase in his annual bonus;