Claimant v Savills Management Resource

Outcome

Facts

Claimant worked as a night concierge from March 2024 to May 2025. He alleged a resident took video footage of him sleeping at work and attempted to blackmail him. He reported this to police and his line manager on 5 February 2025, claiming it was a protected disclosure about criminal activity. The respondent received a complaint from the resident on 8 February 2025 about the claimant falling asleep. Following investigation and disciplinary process, claimant was dismissed on 29 May 2025 for gross misconduct (sleeping on duty). Claimant brought automatic unfair dismissal claim under s.103A ERA 1996 with application for interim relief.

Decision

The tribunal refused the interim relief application. The judge found the claimant did not have a 'pretty good chance' of establishing he made a qualifying protected disclosure in the public interest, noting contradictions in his case about whether the disclosure related to a crime against him personally or broader health and safety concerns. The tribunal also found evidential hurdles regarding whether the principal reason for dismissal was the alleged disclosure or his admitted conduct of falling asleep on shift.

Practical note

Legal authorities cited