Cases8001688/2024

Claimant v University of Edinburgh

29 August 2025Before Employment Judge R McPhersonScotlandin person

Outcome

Claimant fails

Individual claims

Automatic Unfair Dismissalfailed

The Tribunal refused interim relief. The claimant failed to provide sufficient specification of the alleged protected disclosures—she did not give fair notice of the substantive information (who, what, when) regarding alleged breaches of the Public Sector Equality Duty or Health and Safety obligations. The Tribunal could not conclude on a summary basis that the claimant had a 'pretty good chance' of establishing that the principal reason for dismissal was protected disclosures, as required by s.128 ERA 1996. The respondent asserted dismissal was for gross misconduct and irretrievable breakdown of the working relationship (SOSR), a potentially fair reason.

Facts

The claimant, a Contracts Manager employed by the University of Edinburgh from March 2020 to May 2025, was dismissed on 1 May 2025 for gross misconduct and irretrievable breakdown of the working relationship. She applied for interim relief, asserting automatic unfair dismissal under s.103A ERA 1996, claiming she made numerous protected disclosures between March 2024 and November 2024 regarding alleged breaches of the Public Sector Equality Duty and health and safety obligations. The University opposed, arguing the dismissal was for some other substantial reason. The claimant is unrepresented and had a prior ongoing claim from October 2024.

Decision

The Tribunal refused the interim relief application. The claimant failed to provide sufficient specification in her pleadings of the alleged protected disclosures—she did not give fair notice of the substantive information (who, what, when) regarding the alleged failures. The Tribunal could not conclude on a summary assessment that the claimant had a 'pretty good chance' of success at a full hearing. The respondent's application for expenses was also refused, given the claimant was unrepresented, unfamiliar with interim relief procedure, and had received no advance costs warning.

Practical note

Interim relief applications require very detailed pleadings with full particularity of alleged protected disclosures; vague assertions about breaches of legal obligations without specifying who did what and when will fail to meet the high 'pretty good chance of success' threshold.

Legal authorities cited

Cavendish Munro Professional Risks Management Ltd v Geduld [2010] ICR 325Ministry of Justice v Sarfraz [2011] IRLR 562London City Airport v Chacko [2013] IRLR 610Parsons v Airplus International Ltd [2016] UKEAT/0023/16His Highness Sheikh Khalid Bin Saqr Al Qasimi v Robinson [2017] UKEAT/0283/17Wollenberg v Global Gaming Ventures (Leeds) Limited [2018] EAT/0052/18Chandhok v Tirkey [2015] ICR 527Ezsias v North Glamorgan NHS Trust [2011] UKEAT/0399/09Gahir (Blackbay Ventures Ltd t/a Chemistree v Gahir) [2014] IRLR 416Eiger Securities LLP v Korshunova [2017] IRLR 115Tubbenden Primary School Governors v Sylvester [2012] UKEAT/0527/11Phoenix House Ltd v Stockman [2016] ICR 84Kilraine v London Borough of Wandsworth [2018] ICR 1850Chesterton Global Ltd v Nurmohamed [2018] ICR 731Taplin v Shippam Limited [1978] ICR 1068

Statutes

ERA 1996 s.129ERA 1996 s.128ERA 1996 s.103AERA 1996 s.47BERA 1996 s.43BEA 2010 s.149Health & Safety at Work Act 1974 s.2(1)

Case details

Case number
8001688/2024
Decision date
29 August 2025
Hearing type
interim
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Employment details

Role
Contracts Manager
Service
5 years

Claimant representation

Represented
No