Claimant v Compass Group UK and Ireland Ltd
Outcome
Individual claims
The Claimant's application for interim relief under section 128 of the Employment Rights Act 1996 was refused. Interim relief is only available for automatically unfair dismissal claims (typically whistleblowing or union-related), and the tribunal was not satisfied that the claimant had a pretty good chance of success at final hearing.
Facts
Mrs South applied for interim relief following her dismissal. Interim relief is an urgent remedy available in certain automatically unfair dismissal cases, typically involving whistleblowing or trade union activities. The application was heard by video link with the claimant representing herself and the respondent represented by an internal HR representative.
Decision
The Employment Judge refused the application for interim relief. The claimant failed to satisfy the tribunal that she had a 'pretty good chance' of succeeding in her claim for automatically unfair dismissal at a final hearing, which is the high threshold required for interim relief.
Practical note
Interim relief applications have a high evidential threshold and require claimants to demonstrate a strong prima facie case of automatic unfair dismissal at the preliminary stage.
Legal authorities cited
Statutes
Case details
- Case number
- 6000974/2025
- Decision date
- 25 April 2025
- Hearing type
- interim
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Claimant representation
- Represented
- No