Claimant v Tiles UK Limited
Outcome
Individual claims
This was an interim relief application only, not a determination of the substantive whistleblowing claim. The interim relief application was dismissed as not well founded, meaning the tribunal was not satisfied there was a pretty good chance of success at final hearing.
Claim of automatic unfair dismissal under ERA 1996 s.103A (dismissal for making protected disclosure) has been made and will proceed to a preliminary hearing for case management. The substantive merits have not yet been determined.
Facts
Mr Smith brought a claim of automatic unfair dismissal alleging he was dismissed for making protected disclosures (whistleblowing). He applied for interim relief under ERA 1996 s.128, which would require the tribunal to be satisfied that he had a pretty good chance of succeeding at final hearing. The claimant submitted written representations and was unrepresented, while the respondent was represented by counsel.
Decision
Employment Judge Kenward dismissed the interim relief application, finding it was not well founded. This means the judge was not satisfied that the claimant had shown a sufficiently strong likelihood of success at the final hearing. The substantive whistleblowing dismissal claim will proceed to a preliminary hearing for case management once the respondent's response is received.
Practical note
Interim relief applications in whistleblowing cases require the claimant to show a pretty good chance of success at the preliminary stage, which is a high threshold to meet, and this claimant failed to satisfy that test.
Legal authorities cited
Statutes
Case details
- Case number
- 6032920/2025
- Decision date
- 2 December 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Tiles UK Limited
- Sector
- retail
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No