Ms Maria Marino v London Borough of Newham — 2022

The claimant applied for interim relief in a claim alleging automatic unfair dismissal because of protected disclosures. The alleged disclosures concerned health and safety matters and, according to the claimant, expenditure of public money and failures to comply with legal obligations. The respondent accepted that health and safety disclosures had been made, but disputed aspects of the timing and disputed that the claimant's dismissal was because of those disclosures.

On a summary assessment, the tribunal accepted for the purposes of the application that it was likely the claimant reasonably believed there were health and safety issues on construction sites and that her disclosures about those issues were made in the public interest. The tribunal was not satisfied on the interim relief threshold that disclosures about management of finances or legal obligations had been shown.

The application failed on causation. The tribunal found there were clear factual disputes about the principal reason for dismissal, including whether it was because of protected disclosures or for performance and capability reasons. Because those matters required oral evidence and detailed scrutiny at a final hearing, the tribunal could not say the claimant had a pretty good chance of success. The interim relief application was dismissed, with the substantive claim left to proceed.