Mr D Flynn v London General Transport Services Ltd — 2025

The claimant applied for interim relief, alleging that he had been automatically unfairly dismissed for whistleblowing under s.103A ERA. The tribunal applied the interim relief threshold of whether the claimant had a "pretty good" chance of showing that the sole or principal reason for dismissal was that he had made one or more protected disclosures.

The claimant relied on 15 alleged protected disclosures. The respondent did not concede that they were protected disclosures and disputed, in particular, whether the claimant believed they were made in the public interest. The tribunal was not satisfied at this interim stage that the claimant had a pretty good chance of proving that the disclosures were made in the public interest.

The tribunal also found that, even if some or all of the disclosures were protected, the evidence did not show a pretty good chance that they were the principal reason for dismissal. It noted the respondent's case that dismissal related to the manner in which complaints were pursued, conduct and attitude, and a breakdown in the relationship. The tribunal regarded the claimant's case as arguable, but not meeting the higher interim relief threshold, and dismissed the application.