In Judgment published on 29 January, in the case of Pikovsky v. Crezco Limited and Others, the Central London ET dismissed whistleblowing claims brought by an employee/director against a fintech start-up company. Lucy acted for the company and its directors as well as its venture capital investor.
The Tribunal dismissed all 26 of the Claimant’s whistleblowing claims as well as his age discrimination and victimisation case. It found that many of the disclosures did not qualify for protection and were part of an attempted coup by the Claimant and an effort to oust the CEO.
This was blameworthy conduct, in the Tribunal’s Judgment. While the Tribunal found the dismissal unfair under s. 98 ERA for procedural reasons, it held no other outcome to dismissal was possible given the irretrievable breakdown in the working relationship and breakdown in trust and confidence. It held that the claimant would have been fairly dismissed within 2 weeks, and awarded a 100% Polkey reduction from that point. The Tribunal also ordered a 50% reduction to both the basic award and compensation, to reflect the claimant’s culpable contribution to dismissal. Having claimed damages of £2.3 million, the claimant was awarded one week’s lost earnings and half the basic award.
Lucy was instructed by Mark Primrose at Harbottle Lewis LLP.
