Cases8001075/2024

Claimant v Centrica plc

29 August 2025Before Employment Judge M A MacleodScotlandin person

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

Interim relief application refused. Tribunal found claimant did not demonstrate a 'pretty good chance' of success for automatic unfair dismissal under s.103A ERA (whistleblowing). Protected disclosures were insufficiently particularised in the ET1: first disclosure lacked detail on when, to whom, and how made; second disclosure (March 2023 bullying complaint) appeared to be allegations rather than information disclosures; third disclosure (April 2024) did not specify what concerns were raised or how they met s.43B definitions. Significant factual dispute exists regarding reason for dismissal.

Automatic Unfair Dismissalnot determined

Interim relief application refused. Tribunal found claimant did not demonstrate a 'pretty good chance' of success for automatic unfair dismissal under s.104F(1) ERA (blacklisting). Claimant failed to clearly plead how respondent compiled, used, sold or supplied a prohibited list under the Employment Relations Act 1999 (Blacklists) Regulations 2010. References to alleged industry-wide blacklisting and treatment by previous employers (including Sellafield) did not establish wrongdoing by this respondent or that a prohibited list within Regulation 3 was involved.

Facts

The claimant applied for interim relief following dismissal by Centrica plc, alleging automatic unfair dismissal under s.103A ERA (whistleblowing) and s.104F ERA (blacklisting). He claimed to have made three sets of protected disclosures between July 2022 and May 2024 concerning data issues, workplace harassment/bullying (March 2023), and concerns raised with Jana Siber (April 2024). He also alleged he was blacklisted due to treatment at a previous employer, Sellafield, where he said he had been assaulted. The interim relief hearing proceeded on written submissions and documents only, with no oral evidence. The claimant represented himself; the respondent was represented by counsel.

Decision

Employment Judge Macleod refused the interim relief application. The tribunal found the claimant had not demonstrated a 'pretty good chance' of success on either claim. The whistleblowing claim failed because the three alleged protected disclosures were insufficiently particularised in the ET1 - they lacked detail about when, how and to whom disclosures were made, and appeared to be allegations rather than disclosures of information. The blacklisting claim failed because the claimant did not clearly plead how the respondent had compiled, used, sold or supplied a prohibited list under the 2010 Regulations. The judge emphasized the decision was based solely on the pleadings as they stood, not on additional materials, and had no bearing on any final judgment after a full merits hearing.

Practical note

Interim relief applications require careful and detailed pleading: vague references to disclosures or complaints without specifying their content, timing, and legal basis will not meet the high 'pretty good chance' threshold.

Legal authorities cited

Cavendish Munro Professional Risks Management Ltd v Geduld [2010] ICR 325Taplin v C Shippam Ltd [1978] IRLR 450Ministry of Justice v Sarfraz [2011] IRLR 562Chesterton Global & Anor v Nurmohamed & Anor (Rev 1) [2017] EWCA Civ 979

Statutes

ERA 1996 s.103AERA 1996 s.43BERA 1996 s.104F(1)Employment Relations Act 1999 (Blacklists) Regulations 2010 Reg 3ERA 1996 s.128ERA 1996 s.129

Case details

Case number
8001075/2024
Decision date
29 August 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
energy
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No