Ms F Babalola, Solicitor For the v Respondent — 2019

The claimant presented a claim form alleging automatic unfair dismissal under section 103A of the Employment Rights Act 1996 and race discrimination, and she applied for interim relief under section 128 pending determination of her complaint. The tribunal heard evidence about the disciplinary process at Edge Grove School, including the January 2019 complaint from a parent, the subsequent investigation, and the claimant's statement of 22 February and 2 March 2019 in which she raised concerns about colleagues' conduct and safeguarding issues.

Applying the section 129 test, and citing Ministry of Justice v Sarfarz and Taplin v C Shippam Ltd, the tribunal asked whether the claimant had a "pretty good" chance of showing at the final hearing that the principal reason for dismissal was protected disclosures. It concluded that it was not likely that she would establish that the disclosures were made in the public interest, because they were raised in the course of her own disciplinary hearing and in defence of allegations against her.

The tribunal also accepted that, even if that analysis were wrong, the respondent had an arguable case that dismissal was for misconduct and loss of trust and confidence, including findings about the claimant's treatment of pupils, parents and staff and her failure to raise safeguarding concerns at an earlier stage. The application for interim relief was therefore refused.