Mr DJ Stockdale v Cleveland Bridge UK Limited (in administration) — 2020

The claimant applied for interim relief after bringing claims of automatic unfair dismissal. He contended that the reason or principal reason for his summary dismissal was either that he had performed functions as a health and safety representative, or that he had made a protected disclosure in an email to the HSE about asbestos-related concerns.

The tribunal applied the interim relief threshold and considered whether the claimant had shown a pretty good chance of succeeding at the final hearing. It assessed the untested documentary and witness material, including the dismissal decision, the HSE email, the investigation material, and the parties' submissions about whether the reasons given for dismissal were separable from the alleged disclosure and health and safety representative functions.

The tribunal was not able to conclude that there was a pretty good chance that a final tribunal would find the dismissal was for either inadmissible reason. It considered that the email was capable of being read as implying that management had misled workers or covered matters up, and that the respondent's stated reasons for dismissal were, on the interim assessment, separable from the disclosure and from the claimant's performance of health and safety representative functions. The application for interim relief was therefore dismissed, with no final findings of fact made on the substantive claims.