Mrs T Kostakopoulou v University of Warwick & others — 2020

This was a remote interim relief hearing on the claimant's application under ss.128-129 ERA 1996 in respect of a claim presented on 5 August 2020. The claimant said she had been dismissed on 29 July 2020 for making protected disclosures under s.103A ERA 1996. The claim form and particulars also referred to detriment, sex and race discrimination, breach of contract, holiday pay, and a failure to provide written reasons, but the hearing before Employment Judge Dean was confined to interim relief.

The tribunal heard no oral evidence and decided the application on the papers and submissions. It applied the authorities it cited, including Taplin, Sarfraz and Chacko, and asked whether it appeared likely that the final tribunal would find that the claimant had made qualifying protected disclosures, that those disclosures were made in good faith and in the public interest, and that they were the principal reason for dismissal. The judge noted that the claimant had not provided documentary support for the alleged disclosures; the material before the tribunal suggested that the matters raised concerned her own employment and health and safety concerns rather than clearly identified breaches of legal obligation or matters in the public interest.

The respondent's papers recorded a disciplinary process based on allegations of failure to comply with management requests, non-attendance at meetings, not acting in good faith, attempting to influence witnesses, and harassing or intimidating students, with dismissal for gross misconduct after a disciplinary hearing and an unsuccessful appeal. On the summary assessment required for interim relief, the tribunal was not able to conclude that the claimant had a 'pretty good chance' of showing that protected disclosures were the reason or principal reason for dismissal, so the application for interim relief did not succeed.