Ms S Coyle v Ltd (In Liquidation) and 1 other — 2020

The hearing concerned only the claimant's application for interim relief against the first respondent. No witness evidence was heard and the tribunal made no findings in fact. The underlying claims included sex and disability discrimination and automatically unfair dismissal said to arise from protected disclosures, but the claimant had less than two years' service and no standard unfair dismissal claim was before the tribunal.

The tribunal considered whether it appeared likely that, at the final hearing, the tribunal would find that the reason or principal reason for dismissal was the making of protected disclosures. It applied the interim relief threshold described as requiring a pretty good chance of success, on a broad assessment of the documents and submissions.

The tribunal found there were substantial disputed issues about whether the alleged disclosures amounted to disclosures of information under section 43B, whether the claimant had a reasonable belief that they were made in the public interest, to whom the alleged disclosures were made, and whether they were connected to dismissal. The tribunal also noted competing explanations about the dismissal process and the claimant's separate pleaded case that dismissal was discriminatory. On that preliminary assessment, the tribunal held that the interim relief test was not met and refused the application.