Cases8002351/2025

Claimant v Venesky-Brown Recruitment Limited

14 November 2025Before Employment Judge T.R. SmithScotlandin person

Outcome

Claimant fails

Individual claims

Whistleblowingfailed

The tribunal was not satisfied that it was 'likely' (to the higher Taplin/Sarfraz standard of a 'pretty good chance') that the principal reason for dismissal was the making of protected disclosures. The evidence was untested, the picture complicated by multiple potential reasons (misuse of financial software, cumulative effect of correspondence, breakdown of relationship), and disproving the employer's reason does not automatically prove the claimant's reason.

Facts

The claimant, Sales Director at a recruitment company, was dismissed on 26 September 2025 by the Managing Director on the same day he sent an email to the Head of HR. He was dismissed instantly without warning, interview, or any disciplinary process. The employer claimed the dismissal was due to the 'inappropriate and inflammatory tone' of the email and its cumulative effect on HR, though the email appeared to raise legitimate concerns including lack of investigation into sexual harassment allegations. The claimant alleged he made seven protected disclosures and applied for interim relief within the required seven-day period.

Decision

The tribunal dismissed the application for interim relief, finding it was not 'likely' (to the higher 'pretty good chance' standard) that the principal reason for dismissal would be found to be whistleblowing at a full hearing. The judge noted the evidence was untested, the picture was complicated by multiple potential reasons for dismissal, and that disproving the employer's stated reason does not automatically prove the claimant's alternative theory. The lack of process and instant dismissal was noted but insufficient to reach the required threshold of likelihood at this preliminary stage.

Practical note

Interim relief applications in whistleblowing cases face a high bar: even where an employer's stated reason appears weak and procedurally flawed, tribunals will not grant interim relief unless there is a 'pretty good chance' the whistleblowing reason will be proved at full hearing, which is difficult to assess on untested evidence.

Legal authorities cited

Taplin v C Shippam Ltd [1978] IRLR 450Kuzel v Roche Products Ltd [2008] ICR 799Hancock v Ter-Berg [2020] IRLR 97Hall v Paragon Finance Plc [2024] EAT 181Sarfraz v Ministry of Justice [2011] IRLR 562

Statutes

ERA 1996 s.129ERA 1996 s.128ERA 1996 s.103AERA 1996 s.43B(1)ERA 1996 s.130

Case details

Case number
8002351/2025
Decision date
14 November 2025
Hearing type
interim
Hearing days
1
Classification
contested

Respondent

Sector
professional services
Represented
Yes
Rep type
solicitor

Employment details

Role
Sales Director

Claimant representation

Represented
No