ETZ 4(WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8001892/2025 Preliminary Hearing Held at Edinburgh on August 2025 Employment Judge: M A Macleod Mr C G de Oliveira v Thrive Teviot House Nursery Day Care of Children st and 4 others — 2025

By claim form dated 5 August 2025, Mr C G de Oliveira complained of unfair dismissal, sex discrimination and automatically unfair constructive dismissal following protected disclosures. At the preliminary hearing on 22 August 2025, the tribunal refused his request to postpone the hearing because it was not satisfied that special circumstances existed under section 128(5) of the Employment Rights Act 1996. The tribunal heard submissions only and did not hear evidence.

Applying sections 128 and 129 of the Employment Rights Act 1996, and referring to Taplin v C Shippam Ltd, Ministry of Justice v Sarfraz, Chesterton Global v Nurmohamed and Cavendish Munro v Geduld, the tribunal asked whether there was a pretty good chance that the claimant would succeed at the final hearing. It said there was doubt whether the matters relied on amounted to protected disclosures within section 43B, apart from possibly the allegation about mobile phones charging under fabric pillows as a fire risk, and doubt whether the claimant had disclosed information rather than making allegations.

The tribunal also noted that the grievance outcome letter did not show acceptance of the claimant's version of events, that the public interest and reasonableness issues remained disputed, and that there was a factual dispute about whether he had been constructively dismissed at all. The respondent's case was that he had voluntarily agreed to a lower-paid role and signed a new contract, while the claimant said he had signed under duress. The tribunal was not satisfied, on the material before it, that he had a pretty good chance of success, so the interim relief application was refused. It said that conclusion did not mean the underlying claim was hopeless.