Case 6045787/2025 · Employment Tribunal
Kirsty Smith v Companion Care Services Limited and 1 other — 2026
- Case reference
- 6045787/2025
- Decision date
- 11 February 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Elizabeth Gibson
- Venue
- Exeter
Parties
3 namedClaimant
Kirsty Smith
Key findings
Tribunal's reasoningThe claimant applied for interim relief in connection with a claim that she had been automatically unfairly dismissed for making protected disclosures. The tribunal recorded that her wider claim also included complaints concerning TUPE, ordinary unfair dismissal, whistleblowing detriment, TUPE information and consultation, and reasonable adjustments, but stated that only the interim relief application was being decided.
Applying the interim relief threshold, the tribunal considered whether the claimant was likely to establish the necessary elements of the protected disclosure dismissal claim at the final hearing. It found that some alleged disclosures were likely to satisfy parts of the protected disclosure analysis, including PD6 on the public interest test, but it was not able to conclude that the claimant was likely to show that PD6 or PD8 was the sole or principal reason for dismissal.
The tribunal also referred to an employer identity issue and concluded that the application for interim relief should be refused. The application was dismissed, and no monetary remedy was awarded in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment determined only the claimant's application for interim relief under section 128 ERA 1996 in respect of alleged automatic unfair dismissal for making protected disclosures. The underlying substantive claims were listed but not finally adjudicated in this judgment. | Dismissed | — | — |
Legal tests applied
9 references- section 128 ERA 1996
- section 129 ERA 1996
- Taplin v C Shipham Limited
- Ministry of Justice v Sarfraz
- Dandpat v The University of Bath
- London City Airport Ltd v Chacko
- Al Qasimi v Robinson
- section 43B ERA 1996
- Chesterton Guidance
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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