In person For the v Respondent — 2023

The tribunal considered the claimant's application for interim relief based on an allegation that his dismissal was contrary to s.103A of the Employment Rights Act 1996. The claimant conceded that he was not dismissed on 2 February 2023, and the tribunal allowed the s.103A claim to continue on the basis of an alleged dismissal on 16 February 2023.

For the interim relief application, the tribunal applied the statutory test in s.129 ERA 1996 and the "pretty good chance" threshold from Taplin. It considered whether the claimant had a pretty good chance of showing protected disclosures and that they were the reason or principal reason for dismissal.

The tribunal found that the claimant had not shown a pretty good chance that the final tribunal would reject the respondent's stated dismissal reason, which concerned absence and refusal to attend work. The interim relief application was refused, while case management directions were made for the continuing claim.