Mr T Hancox – In Person v National Farmers Union – Ms J Shepherd - Counsel — 2020

This was a reserved judgment on an application for interim relief heard at Birmingham on 27 August 2020 before Employment Judge Hindmarch. The claimant, who appeared in person, said he had made protected disclosures on 13 and 14 January 2020 about a rodent infestation at the respondent's premises and the effectiveness of its HVAC contractors, MCES. The respondent investigated those matters, suspended him on 17 January 2020 for alleged threatening and intimidating behaviour towards colleagues TR and TT, and dismissed him on 7 February 2020 for conduct issues within the probationary period and an irretrievable breakdown in working relations.

The tribunal set out the interim relief test under ss.128 and 129 ERA 1996 and referred to the authorities it relied on, including Raja v Secretary of State for Justice, Caplin v Shippam Ltd, Dandpat v University of Bath, London City Airport Ltd v Chacko, and Ministry of Justice v Sarfraz. It explained that the hearing was a summary exercise requiring only a broad assessment, not a final determination of the substantive unfair dismissal claim. The claimant therefore had to show a likely prospect that he had made qualifying protected disclosures and that those disclosures were the sole or principal reason for dismissal.

On the evidence before it, the tribunal held that the claimant had not met the higher threshold required for interim relief. Although it accepted that he was concerned about health and safety matters, it considered that the respondent had raised legitimate arguments about reasonable belief and possible ulterior motive, so it could not say he had a pretty good chance of proving the disclosures were protected. It also found substantial evidence that the respondent's dismissal decision was based on conduct concerns that arose from the outset of his employment, including evidence from colleagues and the claimant's communications while suspended. The application for interim relief was therefore dismissed.