Outcome
Individual claims
The tribunal found it was not 'likely' the claimant could establish she was an employee of any respondent, a prerequisite for automatic unfair dismissal. The tribunal also found her disclosures unlikely to qualify as protected disclosures in the public interest, as they related solely to her own treatment. The application for interim relief was therefore refused.
The tribunal found the claimant's disclosures relating to data protection and Equality Act breaches did not meet the threshold of being reasonably believed to be in the public interest, as all complaints related to her own treatment. The tribunal assessed her prospects of showing qualifying disclosures fell below the 'likely' threshold required for interim relief.
Facts
The claimant was a temporary worker supplied through twentyAI Limited to Revolute Limited under a Statement of Work running from November 2024 to February 2025. She incorporated her own company, Zoogla Limited, in October 2024 which contracted with twentyAI to supply her services. She brought automatic unfair dismissal and whistleblowing claims, seeking interim relief. She made disclosures about alleged data protection and Equality Act breaches relating to her own treatment.
Decision
The tribunal refused the application for interim relief, finding the claimant did not have a 'pretty good chance' of establishing she was an employee of any respondent, given the typical agency worker arrangement and the necessity test for implying a contract. The tribunal also found her disclosures unlikely to qualify as protected disclosures in the public interest, as they related solely to her personal treatment. The reconsideration application was dismissed as having no reasonable prospects of success and was found to be totally without merit.
Practical note
Interim relief applications in whistleblowing cases require a high threshold showing employee status, public interest element in disclosures, and strong causal link; agency worker arrangements will rarely meet the necessity test for implied employment contracts.
Legal authorities cited
Statutes
Case details
- Case number
- 6019186/2024
- Decision date
- 21 February 2025
- Hearing type
- reconsideration
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Revolute Limited
- Sector
- financial services
- Represented
- Yes
- Rep type
- barrister
Employment details
- Role
- temporary worker
- Service
- 3 months
Claimant representation
- Represented
- No