Ms L Walldock v MacCabi London Brady Recreational Trust — 2020

This was an interim relief hearing, not a final liability hearing. Ms L Walldock had worked for the respondent charity from 13 September 2016 until 28 January 2020. The application was brought within seven days of dismissal and was based on a complaint that the principal reason for dismissal was the making of protected disclosures. Employment Judge George applied the interim relief test under sections 128 to 132 of the Employment Rights Act 1996 and referred to Taplin v Shippam Limited, Raja v Secretary of State for Justice, and Chesterton Global v Nurmohamed when considering whether the claimant had a pretty good chance of success.

The tribunal accepted, for interim relief purposes, that the 20 January 2020 email was likely to amount to a protected disclosure. It noted that the email set out detailed health and safety and legal compliance concerns, including matters such as the fire alarm system, fire marshal cover, rat infestation, car park safety, risk assessments, the roof, asbestos, IT licences, Gift Aid, nursery use, and employment practices. The tribunal considered that some concerns were current and others were not, but concluded that the claimant had a pretty good chance of showing a protected disclosure with a reasonable belief in breaches of legal obligation and health and safety risk.

The tribunal also concluded that the claimant had a pretty good chance of showing that the principal reason for dismissal was the 20 January email. It relied on the short period between that email and dismissal, the change of email and laptop passwords on 27 January, the dismissal email of 28 January, and the absence at that stage of a documented redundancy procedure or clear explanation consistent with the respondent's later redundancy case. The application for interim relief was granted. The orders recorded reinstatement and payment of sums due by way of pay or other benefits for the period 29 January 2020 to 29 February 2020, together with directions for the further conduct of the case.