Mr Mehmet Burak Ozkeles v HSBC Bank plc — 2023

The Tribunal considered the Claimant's interim relief application relating to his claim that he had been automatically unfairly dismissed for making protected disclosures. The Claimant relied on ten putative disclosures concerning risk, reporting, systems issues and, in the final alleged disclosure, concerns about complaints and alleged detriment. The Tribunal proceeded by summary assessment and did not make binding findings of fact.

The Tribunal held that it was not prepared at this stage to say the Claimant had a pretty good chance of establishing that each of the alleged disclosures was protected. The Respondent's submissions focused on causation, and the Tribunal concluded that the Claimant did not have a pretty good chance of showing at the final hearing that the reason or principal reason for dismissal was protected disclosure.

In reaching that conclusion, the Tribunal noted limited evidence of hostility linked to any disclosure, the fact that some complaints pre-dated many of the alleged disclosures, the existence of an HR-led disciplinary process, and the disciplinary officer's evidence that the dismissal decision was based on the materials before her and her assessment of conduct. Allegations of conspiracy or senior management direction were described as speculative or tenuous at this stage. The interim relief application was therefore dismissed.