Claimant v Bahay Kubo Housing Association
Outcome
Individual claims
This is an interim relief hearing. The tribunal found it likely that it will find the claimant was automatically unfairly dismissed under section 103A ERA (whistleblowing). The substantive claim has not yet been determined.
The tribunal found it likely the claimant was dismissed by reason of making protected disclosures under section 103A ERA. The full merits hearing has not yet taken place.
Facts
The claimant was dismissed by Bahay Kubo Housing Association on 13 November 2024. She brought a claim for automatic unfair dismissal, asserting she was dismissed for making protected disclosures (whistleblowing) under section 103A of the Employment Rights Act 1996. She applied for interim relief under section 128 ERA.
Decision
The tribunal found it likely that the full tribunal will find the claimant was automatically unfairly dismissed by reason of whistleblowing. The respondent declined to reinstate or re-engage her. The tribunal ordered the claimant's contract to continue in force from the date of termination until final determination or settlement, with monthly gross payments of £849.34.
Practical note
Interim relief can be granted in whistleblowing dismissal cases where the tribunal considers it likely the claimant will succeed at full hearing, resulting in continuation of the employment contract and ongoing payments pending final determination.
Legal authorities cited
Statutes
Case details
- Case number
- 3202143/2024
- Decision date
- 21 February 2025
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- charity
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- barrister