Claimant v The Mayor and Burgesses of the London Borough of Merton

Outcome

Facts

The claimant was a Parenting Co-ordinator for a London borough, also serving as a GMB union representative. She had previously brought six tribunal claims against the council, all arising from her concerns about a 2019 restructure and alleged conflicts of interest by senior managers. A previous 15-day hearing in June 2024 dismissed substantially all her whistleblowing detriment claims. In September 2025, following several communications expressing her view that she had been targeted, the council gave her notice citing an irretrievable breakdown in trust and confidence. She applied for interim relief claiming the dismissal was for earlier protected disclosures.

Decision

The tribunal refused the interim relief application. Judge Fowell held that the claimant did not have a 'pretty good chance' of establishing that her dismissal was for making protected disclosures. A previous tribunal had already determined that her earlier disclosures had not resulted in any detriment. The tribunal formed the impression that the dismissal was more likely due to a breakdown in the working relationship, a potentially fair reason unconnected to whistleblowing, and saw no basis to go behind the previous tribunal's findings.

Practical note

Legal authorities cited