Mr J Gow v 7 Leisure Limited 31 May 2022 — 2022

Mr J Gow applied for interim relief under section 128 of the Employment Rights Act 1996 after presenting a complaint on 4 May 2022. He said he had been employed by 7 Leisure Limited as a second chef from 22 April 2022 to 1 May 2022, during which he worked four shifts and raised issues about theft, legal obligations towards food safety and public health. The respondent denied that protected disclosures had been made and said the dismissal was because of the claimant's alleged aggressive and irrational conduct.

Employment Judge Shepherd stated that the interim relief question was whether the claimant had a "pretty good chance of success" at the full hearing, referring to Taplin v C Shipham Ltd and to Ministry of Justice v Sarfraz on the meaning of "likely". The judgment also referred to sections 43B(1), 103A and 128 of the Employment Rights Act 1996.

The tribunal found there were clear factual disputes that would need to be resolved at a full hearing, noted that the claim was insufficiently pleaded and that there appeared to be two disclosures but further information was required. On the material available, the judge was not able to conclude that it was pretty likely that the claim of dismissal by reason of protected disclosures would succeed. The application for interim relief was therefore refused.