Mr A Fleming v Abbey Metal Ltd — 2023

Mr Fleming applied for interim relief under section 128 ERA 1996 after alleging that Abbey Metal Ltd dismissed him because he made protected disclosures about health and safety in a handwritten Note dated 12 January 2023, which the tribunal recorded was received by the respondent on 13 January 2023. The respondent said the dismissal was for conduct arising from an altercation about that Note. The hearing was summary only: no oral evidence was heard, the judge relied on the papers and submissions, and videos relied on by the claimant were allowed only for the interim relief assessment, not for findings of fact.

Applying Taplin v C Shippam Ltd, Ministry of Justice v Sarfraz and Al Qasimi v Robinson Sheikh Khalid Bin Saqr Al Qasimi, the tribunal asked whether the claimant had a pretty good chance of proving at the final hearing that the principal reason for dismissal was the making of protected disclosures under section 103A ERA 1996 and that the Note contained qualifying disclosures under section 43B ERA 1996. The judge treated as important that the Note was in writing, was signed by other employees, referred to health and safety issues, was undisputedly received by the respondent's director, and that the conduct relied on by the respondent as the reason for dismissal arose from a discussion about that Note. The tribunal also noted there had been no disciplinary process, no disciplinary hearing, and no appeal hearing, and that the respondent had not pointed to relevant health and safety policies beyond a notice about protective clothing and footwear.

The application succeeded. The tribunal held that, on the material before it, the claimant had a pretty good chance of establishing that the disclosures in the Note were protected disclosures and that they were the principal cause of dismissal. Because reinstatement or re-engagement was refused and the claimant did not seek it, the tribunal made an order for continuation of contract under section 130 ERA 1996. It recorded the claimant's weekly net pay as £337.98, ordered payment of £1,303.40 for the period from 17 January 2023 to 10 February 2023, and directed further weekly payments of £337.98 while the order remained in force.