Miss AB v The Commissioners for Her Majesty’s Revenue and Customs — 2021

The claimant applied for interim relief on the basis that the principal reason for her dismissal was one or more asserted protected disclosures. The disclosures relied on included reports and complaints concerning an alleged sexual assault, alleged breaches of the Equality Act and Civil Service Code, alleged concealment or perverting the course of justice, alleged data or confidentiality issues, and evidence given in earlier tribunal proceedings.

The tribunal applied the interim relief test of whether the claimant had a pretty good chance of succeeding at the final hearing. It found that, on the material available, the claimant had difficulties in showing that several asserted disclosures were likely to meet the protected disclosure requirements, particularly as to reasonable belief and public interest, though it went on to assess the dismissal reason in any event.

On a summary predictive assessment, the tribunal considered it likely that the dismissing officer, Mr Edwards, dismissed principally because he did not consider there was a realistic prospect of the claimant returning to work in a workable way without ongoing disruption or potential distress to HMRC employees. The tribunal was not satisfied that the claimant had a pretty good chance of establishing that protected disclosures were the principal reason for dismissal, and refused interim relief.