Claimant v Care UK Services Limited
Outcome
Individual claims
Interim relief application only. Tribunal found claimant did not have a pretty good chance of success on whistleblowing claim, but did not determine the underlying constructive dismissal claim which remains live.
Tribunal found claimant did not have a pretty good chance of success at final hearing. First grievance (October 2021) did not clearly indicate protected disclosure - written as personal complaint. Second grievance (October 2024) slightly stronger but still insufficient, and causal link problematic as treatment predated the disclosure.
Claim mentioned in judgment as one of multiple types of discrimination claimed, but not determined at this interim relief hearing.
Claim mentioned in judgment but not determined at this interim relief hearing.
Claim for unpaid monies mentioned in judgment but not determined at this interim relief hearing.
Facts
Claimant resigned on 3 February 2025 and claimed constructive dismissal and automatic unfair dismissal due to whistleblowing. He relied on two grievances as protected disclosures: one from October 2021 regarding access to HARBOUR system and one from October 2024 regarding alleged breaches of Health and Social Care regulations. He was off sick from early December 2024 until resignation. He applied for interim relief within his claim form submitted 6 February 2025.
Decision
The tribunal refused the interim relief application. It found the claimant did not have a 'pretty good chance of success' at a final hearing of proving protected disclosures, as both grievances were predominantly personal complaints without clear indication of public interest disclosures. Even if disclosures were made, the causal link was weak - the 2021 grievance was too remote in time, and the 2024 grievance post-dated the treatment complained of.
Practical note
Interim relief applications under s.128 ERA require significantly higher prospects than mere balance of probabilities, and grievances must clearly indicate protected disclosures on their face rather than requiring construction or inference.
Legal authorities cited
Statutes
Case details
- Case number
- 6004071/2025
- Decision date
- 13 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep