Cases2405093/2025

Claimant v Channel 4 Television Corporation

23 October 2025Before Employment Judge Phil AllenManchesterremote video

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalnot determined

Interim relief application refused. Judge found the claimant did not establish he had a 'pretty good chance' of proving the principal reason for dismissal was the protected disclosure. While the claimant may have made a protected disclosure on 18 July, and timing favoured his case, the respondent presented strong reasons related to poor communication style, gatekeeping, and inability to fulfil role during probationary period. Full merits hearing required to determine causation.

Whistleblowingnot determined

Claimant alleged protected disclosures made on 18 July 2025 via emails to senior management (Martin Baker and Grace Boswood) regarding unauthorised vendor presentation undermining governance structure and regulatory compliance. Also alleged disclosure to Boswood on 25 July (disputed by respondent) and possibly 21 July. Judge found it entirely possible a protected disclosure was made on 18 July but not determined at interim relief stage.

Interim Relieffailed

Application refused under s.129 ERA 1996. Judge concluded claimant did not demonstrate it is 'likely' (i.e. having a pretty good chance nearer to certainty than mere probability) that his automatic unfair dismissal claim will succeed. Issues remained regarding whether disclosures were made on all alleged dates, whether they met legal requirements, and crucially whether any protected disclosure was the principal reason for dismissal.

Facts

Claimant employed as Enterprise Data Governance and Architecture Lead from 12 May 2025 during probationary period. On 18 July 2025 sent emails to senior management alleging external vendor made unauthorised presentation undermining governance structure and regulatory compliance. Line manager Wayne Charran was on holiday but formed view claimant's employment was no longer tenable based on communication style and inability to unite people across business. Claimant absent on ill-health grounds from 29 July. Dismissed 22 September 2025 during probation for poor communication style, gatekeeping, siloed thinking, and failure to demonstrate expected behaviours. Grievance and appeal unsuccessful.

Decision

Interim relief application refused. Judge found claimant did not establish the requisite high threshold of having a 'pretty good chance' of proving the principal reason for dismissal was protected disclosure. While timing favoured claimant and he may have made a protected disclosure on 18 July 2025, respondent presented alternative explanation related to performance during probationary period. Full merits hearing required to determine all issues including whether disclosures made, whether they were protected, and crucially whether any protected disclosure was the principal reason for dismissal.

Practical note

Interim relief applications in whistleblowing dismissals face a high bar requiring near certainty of success, particularly where respondent presents plausible alternative explanation for dismissal during probationary period such as performance concerns.

Legal authorities cited

Cavendish Munro Professional Risks Management Ltd v Geduld [2010] ICR 325London City Airport Ltd v Chacko [2013] IRLR 610Qasimi v Robinson UKEAT/0283/17Taplin v C Shippam Ltd [1978] ICR 1068Dandpat v University of Bath UKEAT/0408/09Ministry of Justice v Sarfraz [2011] IRLR 562Chase v Northern Housing Consortium Ltd EA-2023-001442Kilraine v London Borough of Wandsworth [2018] ICR 1850

Statutes

ERA 1996 s.129(8)ERA 1996 s.129ERA 1996 s.103A

Case details

Case number
2405093/2025
Decision date
23 October 2025
Hearing type
interim relief
Hearing days
1
Classification
contested

Respondent

Sector
media
Represented
Yes
Rep type
barrister

Employment details

Role
Enterprise Data Governance and Architecture Lead
Service
4 months

Claimant representation

Represented
No