Employment Appeal Tribunal Remits Whistleblowing Case After Procedural Error
The Employment Appeal Tribunal has ordered a rehearing after finding the original tribunal failed to properly assess evidence in a whistleblowing dismissal claim.
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Tribunal Fails to Properly Assess Interim Relief Application
The Employment Appeal Tribunal (EAT) has allowed an appeal in the case of Mr Brandon Duffy against BXTR 3 Ltd, trading as House of Gods. The case centres on an application for interim relief following the claimant's dismissal, which he argues was a direct result of a protected disclosure regarding fire safety and building security.
Recorder Fraser Butlin KC ruled that the original Glasgow employment tribunal erred by treating the mere existence of factual disputes as sufficient grounds to refuse interim relief. Under the Employment Rights Act 1996, tribunals must perform an expeditious, summary assessment to determine if a claimant has a "pretty good chance" of succeeding in their claim.
Importance of Evidence Evaluation
The appeal highlighted that the original tribunal failed to engage with significant evidence, specifically a voice recording of a discussion between the claimant and managers. The EAT noted that by failing to address this contemporaneous evidence, the tribunal did not provide adequate reasons for its decision.
The EAT emphasised that while the threshold for interim relief is high, tribunals must still carry out a summary assessment of the available material. Simply identifying that evidence is contested does not satisfy the legal requirement to evaluate the likelihood of success.
Outcome and Next Steps
Addressing the disposal of the appeal, Recorder Butlin KC rejected the suggestion that the EAT should decide the outcome itself. Following the principles in Jafri v Lincoln College, the EAT concluded that it cannot make factual assessments that should be left to the tribunal. Consequently, the matter has been remitted to the same tribunal to conduct a proper summary assessment of the evidence.
Read the entire judgment here: Duffy v BXTR 3 LTD t/a House of Gods [2026] EAT 119
