Claimant v Altruistic Care Ltd

This was an interim relief application for automatic unfair dismissal under s103A ERA 1996 for whistleblowing. The tribunal found the claimant did not have a 'pretty good chance of success' because: (1) the claimant may have made allegations rather than disclosed information; (2) the respondent argued the real reason for dismissal was breakdown in working relationships, not the disclosures; and (3) there was a factual dispute about whether the respondent knew about the CQC complaints. The full merits hearing will determine the claim.

The claimant made three alleged protected disclosures: (1) 25 November 2024 email to employer about poor care and health and safety concerns; (2) 24 January 2025 email to CQC about similar issues; (3) 27 January 2025 phone call to CQC. The tribunal noted significant issues with whether these constituted information rather than allegations, and whether causation could be established. The interim relief application failed but the substantive claim remains to be determined.

The claimant brought a detriment claim but the tribunal noted that dismissal cannot be pursued as a detriment as it must be claimed under s103A ERA 1996. The detriment claim remains to be determined at the full hearing.