Ms S. Cueva v Kanlungan Filipino Consortium — 2025

The Claimant was dismissed on 12 March 2025 and presented a claim of automatically unfair dismissal for whistleblowing under s.103A Employment Rights Act 1996, applying for interim relief under s.128. Employment Judge Massarella heard the application on 16 July 2025 and reserved judgment, deliberating in chambers on 18 July 2025. Applying the 'pretty good chance' test from Taplin v Shippam Ltd, the Judge made a summary assessment of the untested material before him.

The Judge found that the Claimant had a pretty good chance of establishing employee status, of showing that the November letters to the Charity Commission and funders amounted to qualifying disclosures within s.43B(1)(b) ERA, and of satisfying the additional requirements in s.43F (Charity Commission as prescribed person) and s.43G (funders as non-prescribed persons), including reasonable belief that the allegations of misappropriation of funds were substantially true. The Judge noted that the Roots HR report later upheld key factual elements of the original allegation and that disclosures to non-prescribed persons were reasonable in the circumstances, given the prior internal disclosure and the dismissal or suspension of the other authors of the collective grievance.

On causation, the Judge concluded there was a pretty good chance the Tribunal would find that the Claimant's persistence in maintaining her protected disclosures was the sole or principal reason for dismissal, noting the emphasis in the dismissal letter on her taking the concerns outside the organisation. The application for interim relief was therefore granted. The Respondent was given two working days to notify whether it would reinstate or re-engage; failing that, the parties agreed a continuation of contract order at £2,600 gross per month.