B Kristensen v Portman Healthcare Limited

Facts

Mr Kristensen was employed as a dental hygienist from 2008, initially by a dental practice later sold to new owners and, in 2017, to Portman Healthcare Limited. Believing the working environment toxic, he began covertly recording colleagues and managers from 2015. By 2021 relations had deteriorated: the respondent had engaged a more profitable self-employed hygienist, pressed him to reduce his hours, and in May 2021 offered him an inducement to leave. He raised grievances, disclosed two covert recordings, and was told on 10 August 2021 that further recording, or failure to hand over all recordings, would be gross misconduct. On 13 August he was shown his personnel file, which contained a purported 2016 contract he believed bore a forged signature. On 16 August he attended with police, alleged forgery, was refused access to the file and was suspended; he was dismissed summarily on 30 September 2021. He complained of automatically unfair dismissal under section 103A of the Employment Rights Act 1996, ordinary unfair dismissal under section 98, protected disclosure detriment under section 47B, and wrongful dismissal. After a hearing in July and August 2024 the London Central Tribunal dismissed the unfair dismissal and detriment complaints and did not deal with wrongful dismissal. He appealed on grounds ultimately numbering seven.