Cases6029784/2025

Claimant v Signet Trading Ltd

2 September 2025Before Employment Judge Ayreremote video

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalfailed

The tribunal was not satisfied the claimant was likely to establish he made protected disclosures in the public interest or that his belief they were in the public interest was reasonable. The evidence suggested dismissal was due to irretrievable breakdown in working relationship, not protected disclosures. Temporal proximity arguments undermined by earliest disclosure being 17 months before dismissal.

Whistleblowingfailed

Claimant alleged multiple protected disclosures between March 2024 and July 2025 concerning health and safety, occupational health recommendations, holiday pay, and data protection. However, claimant failed to establish disclosures were in public interest rather than his own personal interest, and failed to demonstrate likely causal link between disclosures and dismissal.

Facts

Claimant was dismissed in August 2025 and applied for interim relief claiming automatic unfair dismissal for whistleblowing. He alleged making multiple protected disclosures between March 2024 and July 2025 concerning health and safety, occupational health recommendations, holiday pay, and data protection. The respondent stated the claimant was dismissed due to irretrievable breakdown in the working relationship after the claimant refused to engage in discussions about returning to work unless certain conditions were met, including removal of a colleague from the workplace. The claimant had already filed a previous claim including constructive unfair dismissal while still employed.

Decision

The tribunal refused the application for interim relief. The claimant failed to establish it was likely he would succeed at a final hearing in proving he made protected disclosures in the public interest, or that the reason for dismissal was those disclosures rather than the breakdown in working relationship. The tribunal found the alleged disclosures lacked specificity, appeared to be in the claimant's personal interest rather than public interest, and the temporal proximity argument was undermined by the earliest disclosure being 17 months before dismissal.

Practical note

Interim relief for whistleblowing dismissal requires clear evidence that disclosures were made in the public interest and not merely for personal grievances, with temporal proximity alone insufficient to demonstrate causal link to dismissal.

Legal authorities cited

Taplin v C Shippam Limited [1978] ICR 1068London City Airport Ltd v Chacko [2013] IRLR 610McConnell v Bombardier Aerospace (No 2) [2009] IRLR 201Bombardier Aerospace (t/a Short Brothers Plc) v McConnell [2017] NICA 2017Ministry of Justice v Sarfraz [2011] IRLR 562Hancock v Ter-Berg and another UKEAT/0318/19Derby Daily Telegraph Limited v Foss EAT/631/91Dandpat v University of Bath and another UKEAT/0408/09Raja v The Secretary of State for Justice UKEAT/0634/09

Statutes

Employment Rights Act 1996 s.101A(d)Employment Rights Act 1996 s.100(1)(a) and (b)Employment Rights Act 1996 s.43B(1)Employment Rights Act 1996 s.129Employment Rights Act 1996 s.128Employment Tribunal Procedure Rules 2024 r.94Employment Rights Act 1996 s.103AEmployment Rights Act 1996 s.103Employment Rights Act 1996 s.102(1)

Case details

Case number
6029784/2025
Decision date
2 September 2025
Hearing type
interim relief
Hearing days
1
Classification
contested

Respondent

Sector
retail
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No