Miss C McGibbon v 1) Transport for London 2) London Underground — 2026

The tribunal found it had jurisdiction to consider the interim relief application because it was brought within seven calendar days immediately following the claimant's dismissal. The application concerned an automatically unfair dismissal claim based on alleged protected disclosures under section 103A of the Employment Rights Act 1996.

Applying the interim relief standard, the tribunal was not persuaded that the claimant had shown a pretty good chance of proving that she made protected disclosures, that she reasonably believed they were in the public interest and tended to show a statutory failure, or that the reason or principal reason for dismissal was the disclosures. The tribunal noted that the respondent had advanced material about an irretrievable breakdown in mutual trust and confidence and that relevant facts would need to be tested at a final hearing.

The tribunal dismissed the interim relief application after a summary assessment on limited documents and without oral evidence. It made clear that it was not determining the underlying claim and that dismissal of the application did not necessarily mean the claimant would be unsuccessful at a final hearing.