Mr M Broomhead v Peninsula Legal Services Limited t/as Irwell Law (substituted for the original respondent, Peninsula Business Services Ltd t/a Irwell law) HELD AT: Manchester via CVP — 2023

Mr Broomhead brought an application for interim relief under s.128 ERA 1996 in support of an automatic unfair dismissal claim under s.103A ERA 1996 based on an alleged protected disclosure made on 2 August 2023. The hearing was a summary assessment on documents and submissions only; Employment Judge McDonald stated that no live evidence was heard and that the task was to decide whether there was a pretty good chance of success at the final hearing.

The tribunal first dealt with jurisdiction. It substituted Peninsula Legal Services Limited t/a Irwell Law for the originally named respondent, but held that the application was out of time because the substitution took effect on 8 September 2023, more than seven days after the effective date of termination given in the claim form as 9 August 2023. It also held, in the alternative, that s.128(4) had not been complied with because the employer had not been given the application and notice of hearing at least seven days before the hearing. The claimant’s request to postpone the hearing was refused; the judge said he had named the wrong employer despite knowing the correct employer, and that there were no special circumstances justifying a postponement.