Claimant v The Co-operative Group Limited
Outcome
Individual claims
The claimant applied for interim relief pursuant to ERA 1996 s.128 or TULRCA 1992 s.161, which requires the tribunal to consider whether the claimant is likely to succeed at full hearing in establishing that the reason for dismissal was automatically unfair (e.g. whistleblowing, trade union activities, or other protected disclosures). The tribunal refused the application, indicating it did not find the claimant was likely to succeed at a full hearing.
Facts
Mr Flannery brought a claim against The Co-operative Group Limited and applied for interim relief, which is an urgent remedy available in certain automatically unfair dismissal cases. The hearing was conducted remotely by CVP. Mr Flannery appeared in person while the respondent was represented by Miss Bibia, a litigation manager. The judgment was delivered orally at the hearing.
Decision
Employment Judge Dick refused the claimant's application for interim relief. The tribunal was not satisfied that the claimant was likely to succeed at a full merits hearing in establishing that his dismissal was automatically unfair for a protected reason.
Practical note
Interim relief applications require a high threshold showing likelihood of success at full hearing, and self-represented claimants face significant challenges in meeting this standard.
Case details
- Case number
- 6034011/2025
- Decision date
- 12 October 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No