EAT (Unfair Dismissal: Automatically Unfair Reasons) The Appellant claimed that she had been dismissed for ‘whistleblowing’. She applied for interim relief under section 128 Employment Rights Act 1996. The Employment Judge rejected the application saying that although she thought the Appellant had a good arguable case she could not say that she had a pretty good chance of success.
The Appellant complained that the Employment Judge did not refer in her Reasons to one aspect of the evidence which the Appellant said made her case strong, did not resolve various issues of fact and law and did not make any determination on the merits. Given the nature of the Employment Judge’s task on an application for interim relief and the relatively limited obligation to give reasons, none of these points involved any error of law by the Employment Judge.
Shanks HHJ
[2016] UKEAT 0023 – 16 – 0403
Bailii
Employment Rights Act 1996 128
England and Wales
Employment
Updated: 12 January 2022; Ref: scu.560990