Ms J Young v Brit College Limited — 2019

This was a reserved judgment on the Claimant's application for interim relief under s128 ERA 1996 following her dismissal by email on 27 June 2019. The tribunal held at the hearing that the application was in time because the effective date of termination was 28 June 2019. It applied the statutory test in ss128-132 ERA 1996 and the "pretty good chance of success" approach from Taplin v C Shippam Ltd.

The tribunal assessed three alleged protected disclosures. It found the 27 February 2019 email to Mr Ahmed, which asked that an existing complaint be progressed that day, was not likely to be a qualifying disclosure because the Respondent was already dealing with the matter and the email did not add factual information. It found the 4 March 2019 email forwarding a student complaint about a member of staff taking money in connection with exam answers was likely to be a qualifying disclosure and a protected disclosure under s43B and s43C ERA 1996. It was not likely that the alleged disclosure during the 3 April 2019 meeting would be proved, because there were no notes of the meeting, no setting-up emails, and no later references to the alleged discussion.

On the reason for dismissal, the tribunal found that the Respondent had started a disciplinary process after an investigation into multiple conduct and relationship concerns. It recorded that several allegations were upheld at the disciplinary hearing, including shouting at Mr Miah, unconstructive feedback, lack of confidence in colleagues and the Respondent, and difficult relationships with staff. The Respondent said the dismissal was based on a distinct lack of trust and confidence between the parties. The tribunal was not likely to find that the reason, or principal reason, for dismissal was the protected disclosure, and it therefore dismissed the interim relief application. The judgment did not determine the underlying substantive claims.