Claimant v Mental Health Care UK Ltd
Outcome
Individual claims
The tribunal was unable to conclude it appeared likely that a full tribunal would find the reason or principal reason for dismissal was that the claimant had made a protected disclosure. The interim relief application was therefore dismissed at the preliminary stage.
The substantive whistleblowing claim itself was not determined at this preliminary hearing for interim relief. It will proceed to a full merits hearing in due course.
Facts
The claimant applied for interim relief under whistleblowing provisions following his dismissal by Mental Health Care UK Ltd. The preliminary hearing was conducted by video to determine whether it appeared likely a full tribunal would find he was dismissed for making protected disclosures. No evidence was heard, only submissions from the unrepresented claimant and counsel for the respondent.
Decision
The tribunal dismissed the interim relief application, finding it was unable to conclude it appeared likely a full tribunal would find the principal reason for dismissal was protected disclosure. The case will proceed to a case management preliminary hearing and subsequently a full merits hearing.
Practical note
Interim relief applications in whistleblowing cases require the tribunal to be satisfied at a preliminary stage that it appears likely the full tribunal will find dismissal was for protected disclosure - a threshold this claimant could not meet on submissions alone.
Legal authorities cited
Statutes
Case details
- Case number
- 6019574/2024
- Decision date
- 16 January 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No