Claimant v Tata Technologies EU Ltd
Outcome
Individual claims
The tribunal refused the application for interim relief, finding that the claimant did not meet the high threshold of being 'likely' to succeed in showing his dismissal was caused by a protected disclosure. The dismissing officer provided a rationale based on a WhatsApp message breach of confidentiality rules, and the judge found the claimant's 'but for' causation argument insufficient, noting the claimant would face difficulties showing both qualifying disclosure and causal link.
Facts
The claimant, a senior manager earning £78,000 plus benefits, was dismissed following a disciplinary investigation concerning a WhatsApp message breach of confidentiality. The claimant had previously made what he alleged was a protected disclosure and applied for interim relief, arguing he would not have been dismissed 'but for' the whistleblowing. The respondent's dismissing officer cited breaches of confidentiality rules and lack of insight into information handling as critical failings for someone in a senior role.
Decision
Employment Judge Perry refused the application for interim relief. The judge found that the claimant faced a difficult task meeting the high 'likely to succeed' threshold, noting the dismissing officer had provided a clear rationale for dismissal based on the WhatsApp breach. The judge considered the claimant's prospects so limited that a deposit order might ordinarily be considered, though would be refused given the case would only take 3 days to try.
Practical note
Interim relief applications in whistleblowing cases require a very high threshold of likelihood of success ('nearer to certainty than mere probability'), and a 'but for' causation argument alone is insufficient without evidence showing the protected disclosure was the actual reason for dismissal.
Legal authorities cited
Statutes
Case details
- Case number
- 6012296/2024
- Decision date
- 30 June 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- technology
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- senior manager
- Salary band
- £60,000–£80,000
Claimant representation
- Represented
- No