Claimant v Diamed London Clinic Ltd
Outcome
Individual claims
Interim relief application succeeded. Tribunal found it likely that claimant made protected disclosures regarding immigration fraud, unlicensed treatments, GDPR breaches, lack of DBS checks, cash-in-hand payments, failure to enrol in pension scheme, and other regulatory non-compliance, and that dismissal was likely for that reason rather than alleged misconduct.
Facts
Claimant employed as Practice Manager from December 2024 at healthcare clinic. Between January and March 2025, he raised multiple concerns about unlawful practices including use of unlicensed treatments, immigration violations (using individuals on tourist visas to perform procedures), lack of DBS checks, GDPR breaches, cash-in-hand payments, and failure to provide workplace pension. He resigned in March 2025 citing ethical concerns but withdrew resignation at employer's request. Employer dismissed him on notice on 20 March 2025, then summarily dismissed him for alleged gross misconduct on 3 April 2025, less than 90 minutes after claimant sent a letter reiterating his concerns.
Decision
Tribunal granted interim relief, finding it likely that claimant made protected disclosures with sufficient factual content regarding serious regulatory breaches and criminal offences, and that the principal reason for dismissal was those disclosures rather than the misconduct alleged by the respondent. The timing of the summary dismissal and lack of prior warning supported this conclusion. Contract of employment ordered to continue pending full hearing.
Practical note
Interim relief will be granted where there is strong proximity between protected disclosures and dismissal, particularly where employer's stated reason appears pretextual and unsupported by evidence, even at the early expeditious summary assessment stage.
Award breakdown
Award equivalent: 7.1 weeks' gross pay
Legal authorities cited
Statutes
Case details
- Case number
- 6012309/2025
- Decision date
- 20 June 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- solicitor
Employment details
- Role
- Practice Manager
- Salary band
- £30,000–£40,000
- Service
- 4 months
Claimant representation
- Represented
- No