Case 1307872/2022 · Employment Tribunal
In person For the v Respondent — 2022
- Case reference
- 1307872/2022
- Decision date
- 11 October 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dimbylow
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe tribunal heard an open preliminary hearing by CVP on 10 October 2022 before Employment Judge Dimbylow. The claimant appeared in person and the respondent was represented by counsel. The judgment records that the claimant's applications for interim relief under section 128 ERA 1996 and section 161 TULR(C)A were not well-founded, failed, and were dismissed.
The tribunal said it did not appear likely that, when the related complaints were determined, it would find that the claimant had been unfairly dismissed for asserting qualifying reasons relating to whistleblowing under section 103A ERA 1996 and/or trade union activities under section 152 TULR(C)A. The judgment is a short oral-reasons decision and does not finally decide the underlying dismissal complaints.
On the respondent's costs application, the tribunal found that the claimant had acted unreasonably in applying for interim relief and that the applications had no reasonable prospect of success. It ordered the claimant to pay the respondent costs assessed at GBP 2,500.00. The record also notes that a closed preliminary hearing was listed for 24 October 2022 to deal with further orders for the disposal of the case.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The tribunal dismissed the claimant's application for interim relief under section 128 ERA 1996 in relation to an alleged automatic unfair dismissal complaint said to arise from whistleblowing under section 103A ERA 1996. The judgment did not finally determine the underlying complaint. | Dismissed | — | — |
| Trade union | The tribunal dismissed the claimant's application for interim relief under section 161 TULR(C)A in relation to an alleged automatic unfair dismissal complaint said to arise from trade union activities under section 152 TULR(C)A. The judgment did not finally determine the underlying complaint. | Dismissed | — | — |
Legal tests applied
4 references- section 128 Employment Rights Act 1996
- section 161 Trade Union and Labour Relations (Consolidation) Act 1992
- section 103A Employment Rights Act 1996
- section 152 Trade Union and Labour Relations (Consolidation) Act 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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