Cases3306483/2024

Claimant v The Land Restoration Trust

30 October 2025Before Employment Judge GrahamBury St Edmundsremote video

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

This was an interim relief hearing. The judge refused the application on the basis that it was not likely the tribunal would find the claimant made protected disclosures, and even if she did, it was not likely the tribunal would find that was the reason or principal reason for dismissal. The final merits hearing will determine the claim.

Whistleblowingnot determined

The judge found that based on the material before him, it was not likely the tribunal would find the communications of 2 and 8 February 2024 amounted to protected disclosures. The alleged disclosure of 2 February appeared to be general criticism of a contract partner rather than the respondent. The 8 February disclosure had some prospect, but lacked sufficient clarity about what was actually said and what it tended to show.

Facts

The claimant worked as Estates and Facilities Officer at the respondent's Marleigh site from December 2021 to July 2024. In January 2024 there was a water safety crisis affecting residents. The claimant alleged she made protected disclosures to the CEO on 2 and 8 February 2024 about failures in the Estate Management Contract and health and safety risks. She was dismissed for misconduct relating to an altercation with a contractor, engaging staff without authority, and a data protection breach by sending work material to her home email.

Decision

The judge refused the claimant's application for interim relief. He found it was not likely the tribunal would find the communications of 2 and 8 February 2024 were protected disclosures, as they lacked sufficient clarity and factual content. Even if they were, it was not likely the tribunal would find they were the reason or principal reason for dismissal, given competing explanations for dismissal and lack of evidence linking the disclosures to the decision-maker's reasons.

Practical note

Interim relief applications require a high threshold of likelihood; vague expressions of concern lacking factual specificity will not meet the definition of protected disclosure, and claimants must establish clear causation linking disclosures to dismissal.

Legal authorities cited

Cavendish Munro Professional Risks Management Ltd v Geduld [2010] ICR 325Twist DX v Armes UKEAT/0030/30/JOJDarnton v University of Surrey [2003] IRLR 133Korashi v Abertawe Bro Morgannwg University Local Health Board [2012] IRLR 4Boulding v Land Securities Trillium [2006] UKEAT/0023/06Eiger Securities LLP v Korshunova [2017] ICR 561Hibbins v Hesters Way Neighbourhood Project [2009] ICR 319Fincham v HM Prison Service EAT 0925/01Kong v Gulf International Bank (UK) Ltd [2022] IRLR 854Royal Mail v Jhuti [2019] UKSC 55Parsons v Airplus International Ltd UKEAT/0111/17Chesterton Global Ltd v Nurmohamed [2018] ICR 731Kuzel v Roche Products Ltd [2008] ICR 799Taplin v Shippam Ltd [1978] ICR 1068Ministry of Justice v Sarfraz [2011] IRLR 562

Statutes

ERA 1996 s.103AERA 1996 s.128ERA 1996 s.129ERA 1996 s.43CERA 1996 s.43B

Case details

Case number
3306483/2024
Decision date
30 October 2025
Hearing type
interim
Hearing days
1
Classification
contested

Respondent

Sector
charity
Represented
Yes
Rep type
barrister

Employment details

Role
Estates and Facilities Officer
Service
3 years

Claimant representation

Represented
No