Mr Muhibur Rahman v Next Distribution Limited — 2022

The claimant, employed as a van driver from 17 May 2022 to 30 June 2022, applied for interim relief after dismissal. He alleged that his dismissal was connected to complaints about racially discriminatory remarks allegedly made by a colleague on 20 May 2022. He accepted he did not have the continuity needed for ordinary unfair dismissal and relied on the alleged protected disclosure route.

The tribunal considered whether the claimant had a sufficiently strong prospect of showing a protected disclosure and causation. It found that he was likely to face difficulty showing a reasonable belief that a criminal offence or legal obligation issue was disclosed, and also difficulty showing that any disclosure was reasonably believed to be in the public interest, particularly given the timing and context of the complaints.

On causation, the tribunal considered it unlikely, and not likely in the Taplin sense, that a final tribunal would find any disclosure was the sole or principal reason for dismissal. It referred to the claimant receiving 10 penalty points and a DR60 endorsement, the respondent's driver policy, the timing of the 29 June email after the disciplinary hearing had already been arranged, and the absence of a clear link between the alleged disclosure and the dismissal decision. Interim relief was refused.