In person (accompanied by her friend Ms S Badshah) For the v Ms Aleem (in person) Ms S Hussain for R2 — 2021

The tribunal heard only the claimant's application for interim relief on 7 May 2021. The underlying complaint was automatically unfair dismissal for making a protected disclosure under section 103A Employment Rights Act 1996. The judge noted that there were also other complaints which appeared to relate to disability and money claims, but those were not before the tribunal at this hearing.

The claimant relied on a series of texts, WhatsApp messages and verbal conversations said to concern residents' health and safety at the care home, including stained mattresses, an aggressive resident needing one-to-one care, a faulty fire protection device, urine in a jug and bruising. The tribunal found that the tenor of the messages did not appear to be someone raising health and safety concerns; they looked like everyday exchanges between a senior care worker and her manager about matters arising at the home. The judge also inferred that any verbal exchanges were likely similar.

Even if qualifying disclosures had been shown, the tribunal was not satisfied that the claimant had a pretty good chance of proving that dismissal was because of those disclosures. The respondent said the claimant was dismissed for taking unauthorised holiday in Pakistan from 11 to 24 March 2021 in breach of Covid regulations and the care home policy, after being told she was not permitted to take the leave and warned of disciplinary consequences. The judge described that as a cogent and potentially fair reason for dismissal, and refused interim relief with no order.