Mr Maximilian Withey v Entserv UK Limited — 2025

The claimant, Mr Maximilian Withey, applied for interim relief in relation to the termination of his apprenticeship employment with Entserv UK Limited. The tribunal heard the application on 13 March 2025 and considered it on a summary basis under ss.128 and 129 ERA 1996.

The tribunal examined Mr Withey's email of 4 November 2024, which raised alleged falsification in formal documentation, threats to remove him from the business, and concerns said to amount to bullying and harassment in the context of his return from sickness absence. It found that the first and second aspects were likely to show a breach of a legal obligation under s.43B(1)(b) ERA 1996, but that the third aspect was not likely to show health and safety endangerment under s.43B(1)(d).

On the public interest issue, the tribunal held that the email focused on the claimant's own personal circumstances and that it was not likely, at this interim stage, that he would establish a genuine and reasonable belief that the communication was in the public interest. It therefore concluded that it was not likely that the communication would be found to be a protected disclosure, and if that were wrong it was also not likely that the protected disclosure was the reason or principal reason for dismissal. Interim relief was refused.