Cases6021418/2025

Claimant v Huntapac Produce Limited

31 July 2025Before Employment Judge Phil AllenManchesterin person

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

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.

Constructive Dismissalnot determined

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.

Whistleblowingnot determined

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

ERA 1996 s.103AERA 1996 s.129

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