Hancock v Ter-Berg & Anor (VICTIMISATION DISCRIMINATION –- Protected disclosure - Interim relief) [2019] UKEAT 0138_19_2507 (25 July 2019)

Hancock v Ter-Berg & Anor (VICTIMISATION DISCRIMINATION –- Protected disclosure - Interim relief) [2019] UKEAT 0138_19_2507 (25 July 2019)

The 'likely to succeed' test under s.129 Employment Rights Act 1996 applies to all elements of the complaint, including employee status, at the interim relief stage. The Tribunal did not err in applying this test to employee status and was not required to conclusively determine employee status before entertaining the interim relief application.

Citation
[2019] UKEAT 0138_19_2507
Parties
Claimant: Claimant (Dentist); First Respondent: Simply Smile Manor House Limited; Second Respondent: NHS England Midlands and East
Jurisdiction
United Kingdom
Judgment Date
25 July 2019
Procedural Posture
Employment Appeal / Appeal Against Interim Relief Order
Outcome
Appeal dismissed
Legal Topics
Victimisation Discrimination, Protected Disclosure, Interim Relief, Unfair Dismissal, Employee Status
Employment Law Victimisation Discrimination Protected Disclosure Interim Relief Unfair Dismissal Employee Status

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Parties

Claimant (Dentist)

Claimant

Simply Smile Manor House Limited

First Respondent

NHS England Midlands and East

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Interim Relief Order

Legal Issues

  1. 1 Whether interim relief under s.128 Employment Rights Act 1996 requires conclusive determination of employee status before application can be entertained
  2. 2 Whether the 'likely to succeed' test under s.129 applies to all elements of the complaint, including employee status

Ratio Decidendi

The 'likely to succeed' test under s.129 Employment Rights Act 1996 applies to all elements of the complaint, including employee status, at the interim relief stage. The Tribunal did not err in applying this test to employee status and was not required to conclusively determine employee status before entertaining the interim relief application.

Court Disposition

Appeal dismissed

Orders

  • Interim relief order upheld
  • Respondents to pay Claimant £17,627.88 for period from termination to 9 February 2019