Claimant v Egnaro Limited
Outcome
Individual claims
Claimant withdrew the application for interim relief after discovering it would require him to return to work for the respondent rather than receive payment pending final hearing. The application was therefore dismissed.
Claim under section 103A ERA for automatic unfair dismissal for making a protected disclosure remains pending. The tribunal noted the claimant could not identify the specific disclosure, when it was made or to whom, and respondent asserts dismissal was for other reasons including lateness and attitude. Final hearing yet to be determined.
The underlying protected disclosure claim relating to the claimant's complaint about his phone being taken, damaged and returned by an irate customer has not yet been determined at a full hearing. The tribunal found insufficient clarity at the interim relief stage to identify the qualifying disclosure.
Facts
The claimant was dismissed by the respondent and claims it was because he made a protected disclosure under the whistleblowing provisions. The incident appears to involve his phone being taken, damaged and returned by an irate customer. The respondent asserts the dismissal was for other reasons including lateness and attitude. The claimant applied for interim relief under section 128 ERA.
Decision
The tribunal refused the application for interim relief. The claimant withdrew it after learning that interim relief meant reinstatement or re-engagement rather than payment pending final hearing. The judge noted that even if the application had proceeded, it would have failed because the claimant could not identify the specific disclosure, when it was made or to whom.
Practical note
Interim relief applications in whistleblowing cases require clear identification of the protected disclosure and a 'pretty good chance' of success - a standard nearer to certainty than probability - and only result in reinstatement or re-engagement, not compensation.
Legal authorities cited
Statutes
Case details
- Case number
- 3305348/2025
- Decision date
- 14 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Egnaro Limited
- Sector
- other
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- No