Claimant v Secretary of State for Defence
Outcome
Individual claims
This was an interim relief application under s103A ERA 1996. The tribunal found it was not likely that the principal reason for dismissal was whistleblowing. The substantive claim has not yet been heard.
Facts
Ms Zorokong applied for interim relief following her dismissal by the Ministry of Defence, claiming she was dismissed for making protected disclosures under s103A ERA 1996. The matter was heard remotely via video link before Employment Judge Davidson on 15 May 2025.
Decision
The tribunal refused the application for interim relief, finding it was not likely that on determining the complaint the tribunal will find that the principal reason for the claimant's dismissal was whistleblowing. The substantive whistleblowing claim remains to be heard.
Practical note
Interim relief applications under s103A ERA 1996 require claimants to demonstrate a likelihood of success on the merits at a very early stage, which can be difficult to establish before full evidence is heard.
Legal authorities cited
Statutes
Case details
- Case number
- 6011016/2025
- Decision date
- 15 May 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- military
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister