Claimant v Love @ Care Ltd
Outcome
Individual claims
Interim relief application refused. Tribunal found claimant likely to establish protected disclosure to employer on 26 January 2025 regarding national minimum wage breach. However, tribunal could not determine likelihood of success on whether disclosure to Fife Council on 7 February 2025 was protected. Most critically, tribunal found claimant did not have sufficiently high likelihood of proving whistleblowing was reason for dismissal, given existence of independent investigation into incident with client LB on 17 February 2025, external HR report recommending disciplinary hearing, and dismissal reasons matching investigation report allegations rather than protected disclosures.
Facts
Claimant was an adult social care worker employed from December 2024 to April 2025. She raised a grievance on 26 January 2025 about unpaid working hours and national minimum wage breaches. After her grievance was rejected, she submitted a Social Care Complaint to Fife Council on 7 February 2025. On 17 February 2025, an incident occurred involving a client (LB) while claimant was providing care. An external HR investigation followed, and claimant was dismissed on 15 April 2025 for gross misconduct relating to the client incident, without a disciplinary hearing being held.
Decision
The tribunal refused the interim relief application. While the claimant was likely to establish her grievance to her employer about minimum wage was a protected disclosure, the tribunal could not determine likelihood of success on whether her complaint to Fife Council was protected. Critically, the tribunal found insufficient likelihood the protected disclosure was the reason for dismissal, given the independent investigation into the client incident and that dismissal reasons matched the investigation report allegations.
Practical note
Interim relief applications in whistleblowing cases face significant hurdles where there is evidence of an independent reason for dismissal, particularly when an external investigation recommends disciplinary action matching the stated dismissal reasons.
Legal authorities cited
Statutes
Case details
- Case number
- 8000958/2025
- Decision date
- 13 May 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Love @ Care Ltd
- Sector
- healthcare
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- adult social care worker
- Service
- 4 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep