Mr G Davies v University of South Wales — 2023

The Tribunal heard the Claimant's application for interim relief on 30 May 2023. It accepted that the application had been made in time and was procedurally correct under s.128(2) ERA 1996. The issue was whether, on a broad summary assessment, the Claimant had a pretty good chance of succeeding at the full hearing of his automatic unfair dismissal complaint.

For the application, the Claimant relied not on disclosures he had personally made, but on emails sent by Ms A Mison on 10 and 21 October 2022. Those emails referred to alleged staffing difficulties, a possible ghost employee, a server chain of custody issue, and an alleged cover-up. Ms Mison accepted that she had not told the Respondent that she was making the disclosures on the Claimant's behalf, and the Claimant was not named in them.

The Tribunal held that the Claimant had not shown it was likely that he had made any protected disclosure, and therefore had not shown a pretty good chance of succeeding on the automatic unfair dismissal claim. It also said that, even if Ms Mison's emails were treated as disclosures on his behalf, the Claimant had not shown they were protected under the statutory provisions relied on, nor that he had a pretty good chance of establishing constructive dismissal or the necessary causal link. The application for interim relief was dismissed, with the substantive claim left for the main hearing.