Claimant v Facebook UK Limited
Outcome
Individual claims
The claimant applied for interim relief under section 128 of the Employment Rights Act 1996, typically associated with automatic unfair dismissal claims for protected disclosures (whistleblowing) or other protected reasons. The tribunal dismissed the application, meaning it found that the claimant did not have a pretty good chance of success at the full hearing.
Facts
This was an application for interim relief under section 128 of the Employment Rights Act 1996, heard at London Central Employment Tribunal via remote video. The claimant was represented by leading counsel (Mr D Stilitz KC) and the respondent by counsel (Ms A Palmer). The hearing took place on 20 August 2024. No substantive facts are detailed in the judgment as it is a short order relating only to the interim relief application.
Decision
Employment Judge Adkin, sitting alone, dismissed the claimant's application for interim relief. Interim relief applications require the claimant to establish that they are likely to succeed at a full hearing, typically described as having a 'pretty good chance' of success. The tribunal found that threshold was not met.
Practical note
Interim relief applications under section 128 ERA require a high threshold to be met, and this claimant, despite being represented by leading counsel, was unable to satisfy the tribunal that success at a full hearing was sufficiently likely.
Legal authorities cited
Statutes
Case details
- Case number
- 6006621/2025
- Decision date
- 20 August 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister