In person For the v Miss Zakryelska, Consultant INTERIM RELIEF — 2018

Mr T Ryan worked for The Paddocks Care Home Limited as a carer from 1 September 2018 until his dismissal on 26 November 2018, while still within his probationary period. At the interim relief hearing on 19 December 2019 he said his dismissal was automatically unfair under section 103A ERA because he had made protected disclosures, including reports about staffing levels, an electric trip switch, early rising of residents and food issues. The respondent said the principal reason for dismissal was capability, and referred to matters including the claimant arriving on shift smelling strongly of cannabis, medication errors, attitude and poor documentation.

The tribunal said the statutory test on an interim relief application was whether it appeared likely that the claimant would succeed at a full hearing, and described that as requiring a broad summary assessment on the limited material then available. It noted that there were no detailed pleadings or written witness statements, only the claimant's oral evidence. On that basis, and applying the question whether the claimant had a pretty good chance of success, Employment Judge Postle was not persuaded that the threshold was met.

The application for interim relief was therefore found not well founded and was refused. The tribunal added that this was not a finding that the claimant had no chance of success at a full merits hearing. The hearing was conducted with the claimant in person in Norwich and the respondent's representative attended by speaker phone after going to the wrong tribunal venue.