Ford Retail Ltd T/a TrustFord

Case Summary

The claimant applied for interim relief in relation to a whistleblowing claim. The claimant had disclosed information via the respondent's EthicsPoint procedure regarding concerns about handling of his personal health conditions. The tribunal found that although the claimant had disclosed information he reasonably believed showed a breach of legal obligation, he did not reasonably believe the disclosure was in the public interest as it concerned only his own treatment rather than systemic issues affecting the wider workforce, and therefore the disclosure was not a protected disclosure. The application for interim relief was rejected.

The tribunal found that although the claimant disclosed information he reasonably believed showed a breach of legal obligation, he did not reasonably believe the disclosure was in the public interest because he raised only concerns about his own personal health conditions rather than systemic concerns affecting the wider workforce, meaning no protected disclosure was made and the interim relief test could not be satisfied.

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• •Whether claimant made a protected disclosure under s43B Employment Rights Act 1996
• •Whether claimant had reasonable belief disclosure fell within qualifying categories under s43B(1)
• •Whether claimant reasonably believed disclosure was in public interest
• •Whether dismissal was for reason of protected disclosure under s103A
• •Application for interim relief under s128 and s129 Employment Rights Act 1996

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