Ms. Maria DM Val v University of Edinburgh — 2025

At the interim relief hearing on 22 May 2025, Ms Val sought relief under s.128 ERA 1996 on the basis that she had been automatically unfairly dismissed for protected disclosures. She relied on material from her separate 2024 claim and said the disclosures concerned the public sector equality duty, equality and human rights issues, harassment, a potential hate incident, and health and safety.

The tribunal held that the ET1 did not give fair notice of the substantive information said to amount to protected disclosures. Applying Chandhok v Tirkey and Kilraine v London Borough of Wandsworth, it said the pleading did not identify the specific decision, act or omission relied on, or the who, what and when of the alleged breaches, whether under s.149 Equality Act 2010 or the Health and Safety at Work Act 1974. On the material before it, the claimant had not shown a pretty good chance of succeeding on the protected disclosure issue.

The tribunal also noted the respondent's case that the dismissal was for gross misconduct and an irretrievable breakdown in the working relationship, which it treated as potentially a fair reason for dismissal. On the summary assessment required for interim relief, it was not satisfied that it was likely the claimant would establish that the principal reason for dismissal was making protected disclosures, so the interim relief application was refused. The respondent's expenses application was also refused.