Claimant v AllPoints Fibre Networks Limited
Outcome
Individual claims
This judgment relates only to a reconsideration application following refusal of interim relief. The underlying whistleblowing claim for automatic unfair dismissal has not yet been determined on its merits at a final hearing.
The tribunal refused interim relief on the basis that the claimant did not have a 'pretty good chance of success' in establishing that the principal reason for dismissal was making a protected disclosure. The substantive claim remains to be heard.
The tribunal was not satisfied that the claimant had a pretty good chance of success in showing that the principal reason for dismissal was making a protected disclosure. The reconsideration of this refusal was also refused on the basis there were no reasonable prospects of varying or revoking the original judgment.
Facts
The claimant was dismissed and applied for interim relief claiming automatic unfair dismissal for making protected disclosures. The respondent alleged misconduct as the reason for dismissal. The interim relief application was refused on 26 July 2025 and the claimant applied for reconsideration on 27 June 2025, stating she was in financial hardship with sole responsibility for her 14 year old son and disputed the misconduct allegations.
Decision
The tribunal refused the reconsideration application on the papers, finding no reasonable prospects of the original judgment being varied or revoked. The judge confirmed that financial hardship is not a relevant factor in interim relief applications and that the claimant had not identified any grounds that could change the original finding that she did not have a pretty good chance of success.
Practical note
Personal financial circumstances and hardship, however severe, are not relevant considerations when determining applications for interim relief in whistleblowing dismissal cases.
Legal authorities cited
Statutes
Case details
- Case number
- 6013096/2025
- Decision date
- 7 July 2025
- Hearing type
- reconsideration
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- telecoms
- Represented
- No
Claimant representation
- Represented
- No