Claimant v Affinity Renewables Ltd
Outcome
Individual claims
This was an interim relief application under s.103A ERA 1996 (whistleblowing dismissal). The claimant alleged she was dismissed for making protected disclosures about non-payment of tax, NI and pension. The respondent disputed this, arguing dismissal was for gross misconduct (texting while driving HGV). The judge found the claimant did not meet the high burden of proof required for interim relief and dismissed the application, but made no finding on the underlying merits which will be determined at full hearing.
Facts
The claimant was employed as an HGV driver for five months. She claims she was dismissed after making protected disclosures about the respondent's alleged failure to pay her tax, national insurance, and pension contributions. The respondent denies this and asserts she was dismissed for gross misconduct, specifically for sending text messages while driving an HGV vehicle. The claimant had insufficient service for ordinary unfair dismissal protection but pursued an automatic unfair dismissal claim under whistleblowing provisions.
Decision
The judge dismissed the interim relief application, finding the claimant had not met the high burden of proof required to show she was 'likely' to succeed at a full hearing. The judge noted the claim was hotly contested, that the respondent disputed whether the disclosure qualified for protection (arguing it was a private dispute without public interest element), and that the respondent had an alternative explanation for dismissal (the texting misconduct). The underlying claim will proceed to a full merits hearing.
Practical note
Interim relief applications in whistleblowing cases face a high threshold: claimants must establish at an early stage that they are 'likely' to succeed, including proving the disclosure was in the public interest and was the principal reason for dismissal, even where the respondent offers an alternative explanation.
Legal authorities cited
Statutes
Case details
- Case number
- 2601769/2024
- Decision date
- 28 October 2024
- Hearing type
- interim relief
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- energy
- Represented
- Yes
- Rep type
- lay rep
Employment details
- Role
- HGV Driver
- Service
- 5 months
Claimant representation
- Represented
- Yes
- Rep type
- solicitor