Case 6047937/2025 · Employment Tribunal
Mrs L Mitchell v Radfield Homecare — 2026
- Case reference
- 6047937/2025
- Decision date
- 23 January 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Leith Representation
Parties
2 namedClaimant
Mrs L Mitchell
Respondent
Key findings
Tribunal's reasoningThe Claimant applied for interim relief after being summarily dismissed. She relied on disclosures to the HSE, CQC and an infection control officer about health and safety concerns relating to blood borne viruses, and the tribunal considered whether she had a pretty good chance of showing that these were protected disclosures.
The tribunal concluded that there was a pretty good chance the Claimant would show she made protected disclosures, including that she reasonably believed the disclosures were in the public interest and substantially true. However, it also noted arguable issues relied on by the Respondent, including alleged inappropriate access to a client's care record, discussion of confidential matters with colleagues, and non-attendance at the disciplinary hearing.
Taking an impressionistic approach, the tribunal was not satisfied that there was a pretty good chance the Claimant would show the protected disclosures were the sole or principal reason for dismissal. The interim relief application was therefore dismissed.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The judgment dismissed the Claimant's application for interim relief in relation to alleged automatic unfair dismissal for protected disclosures. It did not determine the final merits of the underlying claim. | Dismissed | — | — |
Legal tests applied
13 references- s.128 Employment Rights Act 1996
- s.129(1) Employment Rights Act 1996
- Taplin v C Shippam
- pretty good chance of success
- Wollenberg v Global Gaming Ventures (Leeds) Ltd
- Al Qasimi v Robinson
- s.43A Employment Rights Act 1996
- s.43B Employment Rights Act 1996
- Phoenix House Ltd v Stockman
- Korashi v Abertawe Bro Morgannwg University Local Health Board
- Chesterton Global Ltd v Nurmohammed
- s.103A Employment Rights Act 1996
- The Co-operative Group v Baddeley
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.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.