Claimant v Huntapac Produce Limited
Outcome
Individual claims
This was an interim relief application only. The tribunal found it was not likely that the claimant would succeed at final hearing in showing the principal reason for dismissal was protected disclosures, particularly because he appeared to resign due to the conduct itself rather than because he made disclosures about it. Full merits hearing still to take place.
Interim relief refused. Claimant must show respondent fundamentally breached contract because of protected disclosures. Tribunal found it not likely he would establish this, as resignation email suggested he resigned because of the practices themselves (interruptions to rest, app requirement) rather than retaliation for disclosures. Final hearing required.
Tribunal found it not likely claimant would establish protected disclosures, particularly the requirement that he reasonably believed disclosures were in the public interest. Respondent argued these were workplace disputes. Tribunal noted claimant might succeed but did not have a 'pretty good chance' required for interim relief.
Facts
Claimant was an LGV driver employed April 2024 to June 2025. He resigned claiming constructive dismissal after raising concerns about being required to download a work app to his personal phone, being contacted during rest periods, and changes to his usual routes. He alleged these matters breached working time regulations and trust and confidence. He resigned on 2 June 2025 citing repeated interruptions to rest periods and app requirements as fundamental breaches. Respondent denied any breach or retaliation.
Decision
The tribunal refused interim relief. It found the claimant was not likely to succeed at final hearing because he appeared to resign due to the respondent's practices themselves rather than because he made protected disclosures about them. The tribunal was not satisfied he would establish his disclosures were reasonably believed to be in the public interest, or that any fundamental breach was because of the disclosures. A full merits hearing is still required.
Practical note
In whistleblowing constructive dismissal cases, interim relief will fail where the resignation appears motivated by the underlying conduct complained of, rather than retaliation for making the disclosure about that conduct.
Legal authorities cited
Statutes
Case details
- Case number
- 6021418/2025
- Decision date
- 31 July 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- agriculture
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- LGV driver
- Service
- 1 years
Claimant representation
- Represented
- No