Claimant v West Lancashire Borough Council
Outcome
Individual claims
The claimant's application for interim relief under Section 161 Trade Union and Labour Relations (Consolidation) Act 1992 was dismissed on withdrawal by the claimant.
The claimant's application for interim relief under Section 128 Employment Rights Act 1996 failed. The tribunal did not find the claimant had established a pretty good chance of success at the full hearing.
Facts
This was an interim relief hearing brought by Mr Blanche against West Lancashire Borough Council. The claimant sought interim relief under two separate provisions: Section 161 of the Trade Union and Labour Relations (Consolidation) Act 1992 and Section 128 of the Employment Rights Act 1996. The claimant appeared in person while the respondent was represented by counsel.
Decision
The tribunal dismissed the Section 161 TULRCA interim relief application on withdrawal by the claimant. The Section 128 ERA 1996 interim relief application failed, meaning the tribunal found the claimant did not establish a pretty good chance of success. The underlying complaints will proceed to a case management hearing.
Practical note
Interim relief applications require a high threshold of establishing a 'pretty good chance' of success and will fail if that test is not met, even where the underlying claims proceed to a full hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6006160/2025
- Decision date
- 11 September 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No