Mrs Marzena Tuszowska (In person) For the v Mr Daniel Szkwarek (Company Director) Polish Interpreter: Ms Anna Cipiaszuk (interpreting for both parties) — 2024

The claimant was employed as a shop assistant by Jarmark Erdington Ltd until dismissal effective on 19 July 2024. She presented a claim form indicating unfair dismissal, whistleblowing and an application for interim relief, but told the tribunal she had not fully understood the relevant boxes when completing the form.

The tribunal considered whether it was likely that a final hearing would find that the reason or principal reason for dismissal was a protected disclosure. It found that the claim form did not assert that a qualifying disclosure had been made, and that the claimant's evidence about complaining that a supervisor was watching her on CCTV was not likely to be found to be in the public interest.

The tribunal also found that, even if a qualifying disclosure were established, it was not likely to be found to be the reason or principal reason for dismissal. The respondent had indicated it would rely on conduct-related reasons, which would need to be tested at trial, and the application for interim relief was refused.