Claimant v PizzaExpress Ltd

Outcome

Facts

The claimant worked for PizzaExpress and alleged he was dismissed for making protected disclosures regarding health and safety, food safety, staffing levels, and working time breaches. He was dismissed following a disciplinary process for alleged gross misconduct including aggressive behaviour during an altercation with a colleague (Mr Tortolano) on 8 April 2025, making sexually inappropriate comments about a brownie to colleagues, and allegedly sending confidential information to his personal email from a work iPad. The claimant denied the allegations and argued they were fabricated as a pretext for dismissing him because of his whistleblowing. He raised concerns about differential treatment, as Mr Tortolano was not disciplined despite allegedly initiating the confrontation with racial comments.

Decision

The tribunal refused the interim relief application. While acknowledging the claimant had raised strong arguments and that some of his concerns were likely to be protected disclosures, the judge found he had not met the high threshold of having a 'pretty good chance' of success at the full hearing. The tribunal noted there was written evidence supporting the misconduct allegations including witness statements and an email sent to the claimant's account, and that establishing the conspiracy the claimant alleged would not be straightforward. However, the tribunal emphasized this did not mean the claim would fail at a full hearing, stating there is 'certainly an issue to try'.

Practical note

Legal authorities cited