Mr Menzies, Solicitor For the v Respondent — 2022

This was an interim relief application by Mr Ron Leon, a Clinical Nutritionist employed by Breakspear Medical Group Limited from 1 February 2007 until his dismissal on 22 March 2022. The tribunal set out the statutory test under sections 128 and 129 ERA 1996 and noted the authorities it had been referred to, including Taplin v C Shippam Limited, Dandpat v University of Bath, London City Airport Limited v Chacko, Al Qasimi v Robinson, and Ministry of Justice v Sarfraz. It stressed that this was a summary assessment and that it was not making final findings of fact.

The tribunal found that Mr Leon had a pretty good chance of showing that disclosures he said he made to Mr Alistair Monroe in March or April 2021 and again on 7 October 2021 were protected disclosures. Those disclosures concerned, among other things, unnecessary testing, repeated blood tests, storage of blood samples, shredding of clinical notes, and concerns about allergy treatments and a vaccine technician. It also found that he was likely to succeed in showing that his disclosures to the General Medical Council were protected under section 43F ERA 1996 and that the matters were likely to be of public interest.

On the dismissal question, the tribunal considered that there was a strong coincidence of timing between the disclosures, the suspension, the investigation and the dismissal. It also noted that Mr Alistair Monroe, who investigated and dismissed Mr Leon, was the son of Dr Jean Monroe, the main subject of the GMC complaint. The tribunal considered that the reasons relied on in the dismissal letter were all linked to the disclosures, that some were likely to be viewed as overstatements, and that the allegations concerning contact with patient NLE were harder to see as gross misconduct in the circumstances. It concluded that Mr Leon had a pretty good chance of persuading a tribunal that the real reason for dismissal was the protected disclosures, and it granted interim relief. The order kept the contract of employment in force from 22 March 2022 and required payment of £2,597 per month until determination or settlement of the complaint.