Ms T H Motta Spinelli v 1) Collingwood School Ltd 2) Mr L Hardie — 2022

Ms T H Motta Spinelli was employed by Collingwood School Ltd as Nursery Manager from July 2021. Between 12 October and 18 November 2021 she made a series of protected disclosures about food labelling, allergens, records and related concerns affecting nursery pupils. She was dismissed on 22 November 2021, with the dismissal letter referring to an irretrievable breakdown in the working relationship.

She applied for interim relief under ERA section 128 in relation to her automatic unfair dismissal complaint under section 103A. For the purposes of the application, the Respondents accepted that the alleged protected disclosures had been made, but denied that dismissal was for making them. Their case was that the dismissal arose from the breakdown in relations and the way concerns were raised. The Tribunal summarised disputed matters including whether there had been threats to discipline the Claimant, what was said in the telephone call before dismissal, and what happened at the mediation meeting.

Applying the interim relief test under ERA section 129, the Tribunal asked whether it appeared likely that the Claimant would succeed at the final hearing and whether she had a pretty good chance of success. It held that the causation issue was not clear cut and that, on the material then available, it was not possible to conclude that the principal reason for dismissal was the making of protected disclosures rather than the alleged breakdown in the working relationship or the manner in which concerns were raised.

The Tribunal noted that there appeared to be procedural failings and no apparent investigation into the alleged breakdown, but said those points were not enough on summary assessment. It therefore refused the interim relief application on 1 February 2022. The Tribunal did not determine the underlying whistleblowing or unfair dismissal claims at this hearing.