ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001075/2024 Interim Relief Hearing at Edinburgh on August 2024 Employment Judge: M A Macleod Alastair Logan v Centrica plc — 2024

The claimant applied for interim relief under section 128 of the Employment Rights Act 1996. The application related to two pleaded claims: automatic unfair dismissal under section 103A ERA on the basis of protected disclosures, and automatic unfair dismissal under section 104F(1) ERA on the basis of alleged blacklisting contrary to Regulation 3 of the Employment Relations Act 1999 (Blacklists) Regulations 2010.

For the protected disclosure claim, the Tribunal assessed the claim as pleaded in the ET1. It found that the alleged disclosures were not clearly specified in the pleadings, including what was disclosed, when, to whom, how, and how the matters fell within section 43B ERA or were in the public interest. It also noted a significant factual dispute about the dismissal letter and the decision-maker's knowledge, which could not safely be resolved without evidence.

For the blacklisting claim, the Tribunal found it difficult to identify the precise basis of the claim and noted that the claimant would need to prove wrongdoing by the respondent rather than by previous employers. It held that the claimant had not clearly shown that the statutory requirements for a prohibited list were likely to be demonstrated. The Tribunal refused interim relief, while expressly stating that the decision concerned the application only and had no bearing on any final judgment after evidence.