Mr A T Lewis v TSG Building Services plc — 2023

The claimant applied for interim relief in a claim he described as unfair dismissal following protected disclosures about health and safety issues. The tribunal noted that the respondent had not yet filed an ET3 and that the available material was limited to the claimant's ET1 and the parties' submissions at the interim stage.

The tribunal refused interim relief because it did not consider, on the material available, that the claimant was likely to succeed in establishing the required elements. The tribunal identified uncertainty about whether the claimant was employed by the respondent, whether protected disclosures had been made, and whether any dismissal was because of those disclosures. The judgment stated that the refusal should not be treated as a ruling on the underlying claim.