Did not attend For the v Mr Paul Brill, in house solicitor — 2021

The hearing on 4 October 2021 concerned Ms Messi's application for interim relief under section 128 of the Employment Rights Act 1996. The Claimant did not attend. Employment Judge E Burns refused a further postponement request, considered the history of earlier postponements, and decided the hearing should proceed in her absence. The Judge stated that this was an interim relief hearing, not a full merits hearing, and that no findings of fact were being made.

The Tribunal applied the section 129(1)(a) test and asked whether it appeared likely that, on final determination, the Claimant would show that the reason for dismissal was that she made a protected disclosure. The documents before the Tribunal included the Respondent's contract with HGS, the Claimant's Terms of Engagement identifying her as an agency worker, and an email from HGS on 30 June 2021 asking for her to be separated with immediate effect because of silent calls and an abusive-language incident. The Judge also relied on the transcript of the call with Nicola Burgin, which reflected that explanation.

The Tribunal found that the documentation supported the Respondent's case that the Claimant was an agency worker on a temporary assignment with HGS, and that what ended on 30 June 2021 was the assignment rather than the overall relationship. The Claimant had not produced copies of the alleged protected disclosures said to have been made on 29 June 2021. The Judge accepted that an email sent to the ICO on 27 June 2021 could potentially amount to a protected disclosure, but noted that it was forwarded to HGS and the Respondent only after the assignment had already been terminated. On that material, the application for interim relief was rejected.

The Respondent was awarded costs of £2,000. The Judge found the Claimant had pursued the application unreasonably knowing it had no reasonable prospects of success, and decided not to enquire into means because the hearing proceeded in the Claimant's absence.