Claimant v London General Transport Services Limited
Outcome
Individual claims
Interim relief application refused. Tribunal not satisfied claimant had a 'pretty good chance' of proving that protected disclosures were the principal reason for dismissal. Issues remained regarding whether disclosures were made in the public interest, and whether dismissal was due to manner of complaints rather than fact of making them. Evidence suggested breakdown in relationship and conduct issues as alternative reasons for dismissal.
Claimant relied on 15 alleged protected disclosures. Tribunal found insufficient evidence at interim stage that claimant had a pretty good chance of proving disclosures were made in reasonable belief they were in the public interest. Some disclosures (regarding hijab/niqab and Eid celebration) raised concerns about religious intolerance and whether they could be in the public interest. Full merits hearing required to determine protected disclosure status.
Facts
Claimant was a bus driver for respondent who made 15 alleged protected disclosures relating to various workplace concerns including female drivers wearing hijab/niqab, celebration of Eid, wipes ingredients, and other matters. His final disclosure was made on 29 July 2025, two days before his dismissal on 31 July 2025. Respondent dismissed claimant citing breakdown in relationship, him being unmanageable, and the manner in which he pursued complaints. Claimant had previously raised a grievance against the dismissing manager, Mark Cambridge. Dismissal letter referenced the number of complaints made by claimant.
Decision
Tribunal refused interim relief application. Judge found claimant did not have a 'pretty good chance' of proving principal reason for dismissal was protected disclosures. Concerns included whether disclosures were made in public interest (particularly those regarding religious matters), whether dismissal was due to manner rather than fact of complaints, evidence of relationship breakdown and conduct issues, and potential personal agenda by dismissing manager unrelated to disclosures.
Practical note
Interim relief for whistleblowing dismissals requires near certainty of success; tribunals will carefully distinguish between protected disclosures themselves and the manner in which complaints are pursued, and will consider alternative explanations for dismissal at this early stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6028657/2025
- Decision date
- 17 October 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- Driver
Claimant representation
- Represented
- No