Claimant v Channel 4 Television Corporation
Outcome
Individual claims
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.
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.
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
Statutes
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