Miss S Alexander v SMS Connections Ltd — 2023

At Cardiff on 2 October 2023, Employment Judge C Sharp sitting alone heard Miss S Alexander's application for interim relief against SMS Connections Ltd. The tribunal noted that the claimant worked as a SHEQ Adviser, that her probation had been extended in March 2023 because of performance concerns, and that the dispute centred on an email of 7 June 2023 raising fire safety concerns in a particular building.

Applying sections 128 and 129 of the Employment Rights Act 1996 and the 'pretty good chance' approach in Taplin and Sarfraz, the judge rejected the s.100(1)(a) health and safety basis. The claimant had not shown that she was the designated health and safety representative appointed by the employer to carry out activities in connection with preventing or reducing workplace risks. The judge said that her job as a health and safety adviser, and the wording of her job description referring to day-to-day technical support, did not establish the statutory designation required for interim relief on that route.

On the protected disclosure route, the judge was satisfied that the 7 June 2023 email had a pretty good chance of amounting to a qualifying disclosure about endangerment to health and safety, and that the public interest element was likely met. However, the tribunal found that concerns about the tone, accuracy and circulation of the email, together with evidence of longstanding performance and communication issues before and after 7 June 2023, meant the claimant had not shown a pretty good chance of proving that the dismissal was principally because of the disclosure.

The application for interim relief was therefore refused. The judgment did not finally determine the underlying unfair dismissal or whistleblowing claims; it was a summary assessment only and the tribunal expressly avoided making findings of fact that would bind the final hearing.