Case 8000892/2026 · Employment Tribunal
Mr I Khan v Britannia Hotels Limited — 2026
- Case reference
- 8000892/2026
- Decision date
- 15 May 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge A Jones
- Venue
- Edinburgh
Parties
2 namedClaimant
Mr I Khan
Respondent
Key findings
Tribunal's reasoningMr Khan alleged that he had been automatically unfairly dismissed because he made protected disclosures. He relied on concerns allegedly raised on 8 April 2026 about insufficient porter hours and staff not being paid for all hours worked, and on an earlier concern about payment for work on Christmas Day. Britannia Hotels Limited maintained that he was dismissed because his performance was unsatisfactory.
The Tribunal applied the interim relief threshold of whether Mr Khan had a “pretty good chance of success” in establishing each necessary aspect of his claim. It found significant factual disputes requiring evidence, including what Mr Khan had said, whether his statements conveyed information amounting to protected disclosures under section 43B ERA 1996, and whether the respondent had genuine concerns about his performance. Mr Khan could not identify contemporaneous evidence that he had raised unpaid-hours concerns on 8 April, as distinct from concerns about the allocation of sufficient staffing hours, and the Tribunal found his account of what he said on that date somewhat vague.
On the information before it, the Tribunal was not satisfied that it was likely a tribunal would find either that Mr Khan had made protected disclosures or that any protected disclosure was the reason or principal reason for his dismissal. The interim relief application was therefore refused. No monetary remedy was awarded, and the underlying complaint was to proceed to a preliminary hearing for case management after receipt of the response form.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The application for interim relief under sections 128–129 ERA 1996 was refused. The underlying complaint of automatically unfair dismissal for making a protected disclosure was not determined and was to proceed to a preliminary hearing for case management. | Other | — | — |
Legal tests applied
5 references- Expeditious summary assessment under London City Airport Ltd v Chacko
- “Pretty good chance of success” interim relief test
- Each aspect of the section 103A ERA 1996 claim must meet the interim relief threshold
- Section 43B ERA 1996 qualifying disclosure test
- Section 103A ERA 1996 reason or principal reason test
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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