Cases6034488/2025

Claimant v St Antony's College in the University of Oxford

3 December 2025Before Employment Judge AlliottWatfordremote video

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

This is an interim relief hearing. The tribunal found the claimant has a 'pretty good chance' of establishing that the real reason for dismissal was making protected disclosures about serious fire and health and safety compliance failures, which would make the dismissal automatically unfair under s.103A ERA 1996. Full merits yet to be determined.

Whistleblowingnot determined

The tribunal found the claimant has a pretty good chance of establishing he made protected disclosures on 10 September 2025 to HR regarding serious fire safety and compliance failures, that he genuinely and reasonably believed the information, that it was in the public interest, and that it tended to show breach of legal obligations and endangerment to health and safety. Full merits yet to be determined.

Facts

The claimant was employed as a Maintenance Technician from June 2024. On 10 September 2025 he disclosed to HR serious concerns about fire safety and compliance failures across the college estate. The Interim Maintenance Manager had raised similar concerns and his contract was terminated on 11 September 2025. The following day, 12 September 2025, the claimant was summarily dismissed allegedly for being disrespectful in a meeting and other minor conduct issues. The claimant brought an automatic unfair dismissal claim for whistleblowing and applied for interim relief.

Decision

The tribunal granted interim relief, finding the claimant has a 'pretty good chance' of succeeding at full hearing in establishing he made protected disclosures about serious health and safety compliance failures, and that the real reason for his summary dismissal was those disclosures. The tribunal found the reasons given for dismissal looked contrived and the timing of both the Interim Manager's departure and the claimant's dismissal was not coincidental. A continuation of contract order was made.

Practical note

Employers who summarily dismiss whistleblowers shortly after they raise serious health and safety concerns face a high risk of interim relief being granted, particularly where the stated reasons for dismissal appear contrived and another employee raising similar concerns was also removed at the same time.

Legal authorities cited

London City Airport Limited v Chacko [2013] IRLR 610Taplin v C Shippam Limited [1978] ICR 1068

Statutes

ERA 1996 s.128ERA 1996 s.103AERA 1996 s.43BERA 1996 s.129

Case details

Case number
6034488/2025
Decision date
3 December 2025
Hearing type
interim
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Employment details

Role
Maintenance Technician
Service
1 years

Claimant representation

Represented
No