Cases6038570/2025

Claimant v MM Flowers Limited

27 November 2025Before Employment Judge DavidsonWatfordremote video

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

This was an interim relief application, not a final hearing. The tribunal found it was not likely that the final tribunal would find the principal reason for dismissal was protected disclosures. Claimant failed to identify actual words amounting to protected disclosure, failed to identify legal wrongdoing, and evidence suggested complaints were about personal situation rather than public interest. Main claim will proceed to final hearing.

Whistleblowingnot determined

The tribunal found at this preliminary stage that the claimant had not shown it was likely she made protected disclosures. She did not identify the actual words, the legal wrongdoing, and complaints appeared personal rather than in the public interest. The substantive claim remains to be determined at a final hearing.

Direct Discrimination(age)not determined

This claim was mentioned in the judgment as having been brought but was not the subject of this preliminary hearing which concerned only the interim relief application. It will be determined at a future final hearing.

Direct Discrimination(race)not determined

This claim was mentioned in the judgment as having been brought but was not the subject of this preliminary hearing which concerned only the interim relief application. It will be determined at a future final hearing.

Facts

Claimant employed as Line Leader for three months during probation. She made complaints to HR about her manager Ahmed Hefni screaming and shouting at her and alleged unfair treatment. Ahmed reported performance and conduct concerns about the claimant. Following a probation review meeting conducted by Nuno Castro, claimant was dismissed on 12 October 2025 due to irretrievable breakdown in working relationships with management and peers. Claimant applied for interim relief claiming automatic unfair dismissal for whistleblowing.

Decision

Tribunal refused interim relief application. Judge found claimant had not shown it was likely a final hearing would find she made protected disclosures - she failed to identify actual words constituting disclosure, failed to identify legal wrongdoing, and complaints appeared personal rather than in public interest. Judge also found unlikely that any disclosures were principal reason for dismissal given contemporaneous evidence of performance and conduct issues. Substantive claims to proceed to final hearing.

Practical note

Not every workplace grievance constitutes a protected disclosure - claimants must identify specific words, legal wrongdoing, and demonstrate the disclosure was made in the public interest rather than addressing purely personal concerns.

Legal authorities cited

Taplin v C Shippam Ltd [1978] IRLR 450Simply Smile Manor House Ltd and ors v Ter-Berg [2020] ICR 570Ministry of Justice v Sarfraz [2011] IRLR 562

Statutes

ERA 1996 s.128ERA 1996 s.43B(1)ERA 1996 s.103AERA 1996 s.129

Case details

Case number
6038570/2025
Decision date
27 November 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Employment details

Role
Line Leader
Service
3 months

Claimant representation

Represented
No