Bupa Care Services Ltd

Case Summary

This is an EAT appeal against an Employment Tribunal's refusal of an interim relief application in a whistleblowing case. The claimant, dismissed from a care home operator, claimed his dismissal was for making protected disclosures under section 103A ERA. The tribunal found insufficient evidence that the claimant had a pretty good chance of success, determining the dismissal was more likely related to alleged misconduct and poor conduct rather than protected disclosures.

The Employment Judge's reasoning, although brief, was sufficient when the judgment was read as a whole. The primary determination was that the evidence on a summary assessment did not support a conclusion that the claimant was dismissed because of making protected disclosures rather than because of alleged misconduct; the judge's assessment that it was not likely the complaint would be made out was a permissible initial assessment on the difficult causation issue, not an erroneous finding of fact.

• •Whether Employment Tribunal erred in law by providing insufficient reasons for refusing application for interim relief
• •Whether claimant was dismissed for making protected disclosures under section 103A Employment Rights Act 1996
• •Whether claimant established a pretty good chance of success on the section 103A claim
• •Issue of causation between alleged protected disclosures and dismissal

Judgment approved by the court for handing down Olarewaju v Bupa © EAT 2026 Page 1 [2026] EAT 38 Neutral Citation Number: [2026] EAT 38 Case No: EA-2025-001597-NK EMPLOYMENT APPEAL TRIBUNAL Rolls Building, Fetter Lane, London, EC4A 1NL Date: 09 March 2026 Before : His Honour Judge James Tayler - - - - - - - - - - - - - - - - - - - - - Between : Mr. O. E. Olarewaju Appellant - and – Bupa Care Services Limited Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. O. E. Olarewaju, the Appellant in person Timothy Wilkinson (instructed by Clarion Solicitors Limited) for the Respondent Hearing date: 4 March 2026 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court for handing down Olarewaju v Bupa © EAT 2026 Page 2 [2026] EAT 38 SUMMARY WHISTLEBLOWING, PROTECTED DISCLOSURES The Employment Tribunal did not err in law in refusing an application for interim relief. Judgment approved by the court for handing down Olarewaju v Bupa © EAT 2026 Page 3 [2026] EAT 38 HIS HONOUR JUDGE JAMES TAYLER: The Issue 1. The issue in this appeal is whether the Employment Tribunal erred in law by providing insufficient reasons for refusing an application for interim relief. The Judgment appealed 2. This is an appeal against the judgment of Employment Judge Sudra refusing an application for interim relief at a hearing on 25 September 2025. The judgment was sent to the parties on 2 October 2025. The relevant complaint 3. The respondent is a provider of long-term care for older people. The claimant commenced employment with the respondent as a Care Assistant on 24 July 2023. The claimant asserted that he was dismissed on 8 August 2025 for the reason, or principal reason, that he made protected disclosures. Outline of the relevant law 4. The term “qualif…