All People Employment Ltd and FedEx Express UK Transportation Ltd

Case Summary

The Employment Tribunal refused the application for interim relief as it did not appear likely that the claimant would succeed in her complaint of unfair dismissal.

The tribunal refused interim relief because it was not satisfied that the claimant had a reasonable prospect of succeeding in her unfair dismissal complaint.

• •Was the claimant an employee of the first and/or second respondent?
• •Did the claimant make a protected disclosure within the meaning of Part IVA of ERA?
• •Was the reason (or, if more than one, the principal reason) for her dismissal that she made a protected disclosure?

EMPLOYMENT TRIBUNALS (SCOTLAND) 5 Case No:   4110316/2021 Interim Relief Hearing Held by Cloud Video Platform on 6 September 2021 Employment Judge F Eccles Miss S Messi Claimant 10 In Person All People Employment Ltd First respondent Represented by 15 Mr A Maxwell, Solicitor FedEx Express UK Transportation Ltd Second Respondent Represented by 20 Mr C Adjei Counsel JUDGMENT The Judgment of the Employment Tribunal is to refuse the application for interim 25 relief. 30    4110316/2021 Page 2 REASONS BACKGROUND 1. The claimant has made a number of complaints including unfair dismissal. The claimant claims that the reason (or, if more than one the principal reason) for her dismissal is that she made a protected disclosure in terms of 5 Section 103A of the Employment Rights Act 1996 (ERA). The claimant has applied for interim relief pending determination of her complaint in terms of Section 128 of ERA. 2. This is the second occasion that the claim has called for a hearing on the application for interim relief. A hearing on 3 August 2021 was postponed 10 because the Tribunal was unable to obtain a French Interpreter. A preliminary hearing took place on the same day at which case management Orders were issued by an Employment Judge to assist with preparation of today’s hearing. The Orders included the claimant being required to identify her purported protected disclosures; preparation of witness statements; 15 exchange of documents and preparation of a Joint Bundle. The claimant applied to play recordings at the hearing. The Employment Judge ordered that the claimant identify the relevant parts of the recordings, transcribe them, and agree with the respondents which parts of the recordings should be played. The claimant made subsequent …