E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4111400/2019 Interim Relief Hearing held in Edinburgh on November 2019 Employment Judge M A Macleod Mr M Doherty v Avaloq Innovation Ltd — 2019

This was an interim relief hearing on 8 November 2019 before Employment Judge Murdo Macleod. The claimant, who appeared in person, said he had been automatically unfairly dismissed for making protected disclosures and that he had also brought discrimination complaints on the grounds of disability and sexual orientation. The respondent opposed both the merits of the claim and the application for interim relief.

Applying Taplin v C Shippam Ltd and Ministry of Justice v Sarfraz, the tribunal asked whether the claimant had a "pretty good chance of success" at the final hearing. It held that the test was not met. The tribunal said there were unresolved disputes about whether the alleged disclosures were qualifying disclosures within s.43B ERA 1996 and whether they were made in the public interest.

The tribunal also found that the reason for dismissal remained a central dispute. The claimant said the dismissal followed his disclosures, while the respondent relied on performance concerns recorded in documents including the 20 March 2019 email, the Avaloq Appreciate appraisal, and the September 2019 dismissal letter. Because those issues could not be resolved without hearing the evidence in full, the tribunal refused interim relief. The judgment did not decide the underlying discrimination or dismissal claims on their merits.