Claimant v The Isle of Wight College
Outcome
Individual claims
The tribunal dismissed the claimant's application for interim relief under section 128 of the Employment Rights Act 1996 at a preliminary hearing. The claimant did not succeed in establishing that she had a likelihood of success at a full hearing.
Facts
Ms Alves da Silva brought an application for interim relief under section 128 of the Employment Rights Act 1996 against The Isle of Wight College. The claimant appeared in person while the respondent was represented by Ms D Colton, a solicitor. A preliminary hearing was held on 22 October 2025 in Exeter to determine whether interim relief should be granted.
Decision
Employment Judge Hastie dismissed the claimant's application for interim relief. The tribunal was not satisfied that the claimant had established a likelihood of success at a full hearing, which is the threshold required for granting interim relief in whistleblowing or protected disclosure cases.
Practical note
Applications for interim relief require a high threshold of showing likely success at full hearing and are rarely granted at preliminary hearings without strong evidence.
Legal authorities cited
Statutes
Case details
- Case number
- 6037524/2025
- Decision date
- 1 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No