Case 8002952/2025 · Employment Tribunal
Mr J McCall v Glasgow Prestwick Airport Limited — 2026
- Case reference
- 8002952/2025
- Decision date
- 7 January 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Murphy
- Venue
- Glasgow
Parties
2 namedClaimant
Mr J McCall
Respondent
Key findings
Tribunal's reasoningThe claimant applied for interim relief under sections 128 to 132 of the Employment Rights Act 1996 pending his section 103A claim that he had been automatically unfairly dismissed for making protected disclosures. The hearing took place on 22 December 2025 in Glasgow. The respondent said it would not reinstate or re-engage him if interim relief were granted, so the tribunal had to decide whether it appeared likely that the final tribunal would find that the reason or principal reason for dismissal was protected disclosure.
The claimant relied on three alleged disclosures: emails to the respondent on 6 and 16 November and an email to the Civil Aviation Authority on 23 November. He said agency workers in the bonded warehouse were handling ULD pallet bases, nets and related equipment without the screening he said was required by CAA-related aviation security rules, and he also advanced a health-and-safety case. The tribunal accepted that the precise legal obligation did not have to be set out in strict legal language, but it held that there was doubt on the material before it about what legal obligation was said to apply, whether it applied to the particular warehouse and workers, and whether the claimant genuinely and reasonably believed that the information he disclosed tended to show non-compliance or a health-and-safety risk.
The tribunal also recorded a central dispute about causation. The claimant relied on the short timescale between the disclosures and his summary dismissal on 1 December 2025, and on comments made at the 19 November meeting. The respondent's evidence was that it dismissed him because it considered him an insider threat and was concerned about his interest in sensitive security processes. Applying the Taplin test, and noting the summary nature of the hearing, the tribunal held that it could not say the claimant had a pretty good chance of succeeding on the section 103A claim. Interim relief was therefore refused, no findings in fact were made, and no continuation-of-contract order or monetary remedy arose.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Interim relief under sections 128-129 ERA 1996 in support of a section 103A automatic unfair dismissal claim. The Tribunal refused the application and did not finally determine the substantive claim. The OCR text refers to the alleged disclosure dates as 6 and 16 November 2023, which appears inconsistent with the surrounding November 2025 chronology. | Other | — | — |
Legal tests applied
11 references- sections 128-129 Employment Rights Act 1996
- section 43B Employment Rights Act 1996
- section 103A Employment Rights Act 1996
- Taplin v C Shippam Ltd
- London City Airport v Chacko
- His Highness Sheik Khalid Bin Saqr Al Qassim v Robinson
- Bolton School v Evans
- Boulding v Land Securities Trillium (Media Services) Limited
- Arjomand-Sissan v East Sussex Healthcare NHS Trust
- Blackbay Ventures Ltd v Gahir
- Kuzel v Roche Products Limited
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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