Claimant v Newcastle and Stafford Colleges Group
Outcome
Individual claims
The tribunal determined it was not likely that the principal reason for dismissal was one specified in section 100(1) (health and safety dismissals) or section 103A (whistleblowing dismissals) of the Employment Rights Act 1996. The interim relief application was therefore refused as the high threshold for interim relief was not met.
Facts
The claimant applied for interim relief following his dismissal, claiming it was for health and safety reasons under section 100(1) or whistleblowing under section 103A of the Employment Rights Act 1996. The claimant represented himself while the respondent college group was represented by counsel. The hearing took place at Birmingham tribunal on 26 February 2025.
Decision
The tribunal refused the application for interim relief, finding it was not 'likely' that the tribunal would ultimately find the principal reason for dismissal was health and safety or whistleblowing as claimed. The high threshold required for interim relief applications under section 129 ERA 1996 was not met.
Practical note
Interim relief applications for automatic unfair dismissal require a high threshold of likelihood to succeed, and self-represented claimants face significant challenges in meeting this standard, particularly when facing represented respondents.
Legal authorities cited
Statutes
Case details
- Case number
- 1300414/2025
- Decision date
- 27 February 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No