Mrs M Gowers v Retirement Security Limited — 2024

The Tribunal considered whether, for the purposes of interim relief under section 128 of the Employment Rights Act 1996, it appeared likely that the Claimant would establish at final hearing that the reason or principal reason for her dismissal was a protected disclosure within section 103A. The judge recorded that no oral evidence was heard and avoided making findings of fact except where matters were wholly uncontroversial.

The judge concluded that, taking the overall view required at the interim stage, it was not likely that the final Tribunal would find that any qualifying disclosure was a protected disclosure. The judge also considered the reason for dismissal briefly and found that, even if the shareholder letter had been a protected disclosure, it could not be said that it was likely the final Tribunal would find it was the reason or principal reason for dismissal.

The application for interim relief was therefore refused. No remedy or continuation of contract order was made.