Interim relief refused for SHEQ Advisor dismissed after raising fire safety concerns

What this case shows in practice

This case illustrates the difficulty of obtaining interim relief in an automatic unfair dismissal claim based on protected disclosures. The claimant, a SHEQ Advisor on an extended probation, sent an email raising fire safety concerns. Just over a month later, she was dismissed for failing to meet performance standards. She argued the email was the real reason, but the tribunal found the evidence of ongoing performance issues — including an extended probation and multiple warnings — meant she did not have a 'pretty good chance' of success.

What the losing side could have done differently

For the claimant, the key challenge was timing. The performance concerns were documented well before the email, and the dismissal followed a structured probation review. To strengthen an interim relief application, it helps to have clear evidence that the employer's stated reason is a pretext — for example, if the dismissal happens very soon after the disclosure, or if there are admissions from managers. Here, the gap of over a month and the detailed performance records worked against her.

Why the result matters for similar claims

This case is a reminder that interim relief is an exceptional remedy. It is not enough to show that a protected disclosure was made; you must show a strong likelihood that it was the principal reason for dismissal. Employees who are already on a performance improvement plan or extended probation face an uphill battle, as employers can point to pre-existing issues. For anyone considering such a claim, gathering contemporaneous evidence of the employer's motivation is crucial.