Ms P Young v United Response — 2023

Ms Young lodged her claim on 27 September 2023 and sought interim relief in respect of a claim pleaded as unfair dismissal because she had made protected disclosures under section 103A of the Employment Rights Act 1996. The hearing on 10 October 2023 before Employment Judge A Matthews was limited to the interim relief application under section 128(1)(a)(i) ERA 1996. The tribunal applied the approach in Ministry of Justice v Sarfraz and noted that, for interim relief, 'likely' means a significantly higher degree of likelihood than simply more likely than not.

Having considered the bundle and the information supplied by Ms Young, the tribunal found that the particulars of the alleged disclosures were inadequate. It nevertheless considered it likely that disclosures had been made. However, on the material before it, the tribunal could not conclude that any disclosure was likely to fall within section 43B ERA 1996, or that Ms Young's belief was likely to have been reasonable, made in good faith, and in the public interest.

The decisive point was causation. The tribunal held that, on the information before it, it was not likely that the final tribunal would find that any protected disclosure was the principal reason for the dismissal. For that reason, Ms Young's application for interim relief was dismissed. No monetary remedy was awarded in this judgment.