Claimant v Troia (Uk) Restaurants Ltd
Outcome
Individual claims
The tribunal dismissed the claimant's application for interim relief under section 128 of the Employment Rights Act 1996. This is a preliminary application that typically accompanies whistleblowing or protected disclosure claims, where the claimant seeks an order to continue employment or benefits pending a full hearing. The tribunal determined that the statutory criteria for granting such relief were not met.
Facts
The claimant, Ms Leonie Andrews, was employed by Troia (UK) Restaurants Ltd in the hospitality sector. She applied for interim relief under section 128 of the Employment Rights Act 1996, which is typically sought in cases involving alleged automatic unfair dismissal relating to whistleblowing or protected disclosures. The application was heard remotely via CVP.
Decision
Employment Judge Adkin dismissed the claimant's application for interim relief. The tribunal found that the statutory test for granting interim relief, which requires the claimant to demonstrate that it is likely they will succeed at a full hearing in showing the dismissal was for a protected reason, was not satisfied.
Practical note
Interim relief applications under section 128 ERA 1996 have a high threshold requiring the claimant to show a likelihood of success on whistleblowing/protected disclosure grounds, and self-represented claimants face particular challenges in meeting this standard at an early preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6010213/2025
- Decision date
- 25 April 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No