Whistleblower dismissed for CV dishonesty: interim relief refused
A support manager who blew the whistle on fraud and bullying was dismissed for failing to disclose previous employment on his job application. The tribunal refused interim relief and later struck out the claim.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant was dismissed for gross misconduct for failing to disclose previous employment with the respondent on his job application.
- The claimant had made a protected disclosure via anonymous email on 18 March 2020 alleging fraud, health and safety risks, and bullying.
- The claimant's grievance on 26 November 2020 led to the discovery of his previous employment and subsequent disciplinary action.
- The interim relief application was refused as the tribunal found it not likely the dismissal was due to the protected disclosure.
- The claimant failed to pay a deposit order of £250, resulting in the claim being struck out.
- The respondent's costs application was refused as the claim had not been found unreasonable or without reasonable prospects.
Timeline
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First employment started
Claimant began employment with Shaw Trust.
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Resigned during suspension
Claimant resigned while suspended for fraud investigation.
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Job application submitted
Claimant applied for Support Manager role via recruitment agency, omitting prior employment.
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Re-employed as Support Manager
Claimant started new role with Shaw Trust.
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Anonymous whistleblowing email
Claimant sent anonymous email to CEO alleging fraud, health and safety risks, and bullying.
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Formal grievance raised
Claimant sent grievance letter reiterating whistleblowing concerns.
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Suspended pending investigation
Claimant suspended for alleged failure to disclose previous employment.
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Disciplinary hearing
Hearing chaired by Jennifer Dillon; claimant provided evidence including recording of interview.
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Dismissed for gross misconduct
Claimant summarily dismissed for dishonesty in job application.
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Interim relief hearing
Employment Judge Britton heard and refused interim relief application.
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Preliminary hearing on strike out/deposit
Employment Judge Hindmarch refused strike out but ordered deposit of £250.
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Claim struck out
Claim struck out for failure to pay deposit.
The legal issue
The tribunal had to decide whether the claimant was likely to succeed in showing that the real reason for his dismissal was his whistleblowing, rather than the misconduct of omitting his prior employment from his job application.
The outcome
The tribunal refused the claimant's application for interim relief, finding that he did not have a 'pretty good chance' of proving his dismissal was automatically unfair due to whistleblowing.
- The employer had a clear policy on honesty in applications and the claimant had previously resigned while under investigation for fraud.
- The claimant failed to pay a deposit order of £250, leading to the claim being struck out.
- No compensation was awarded as the claim did not proceed to a full hearing.
Lessons & takeaways
- Interim relief requires a high threshold: you must show a 'pretty good chance' of winning at trial, not just a plausible case.
- If you have a previous employment history with the same employer, failing to disclose it can be treated as gross misconduct, even if you have a whistleblowing claim.
- Failure to comply with tribunal orders, such as paying a deposit, can result in your entire claim being struck out.
- Anonymous whistleblowing can still be protected, but the timing and context of your disclosure will be scrutinised.
When whistleblowing meets misconduct
This case illustrates the difficult position employees can face when they have a genuine whistleblowing complaint but also have a blemish on their own record. The claimant, a support manager with just over a year's service, sent an anonymous email to his employer's CEO alleging fraud, health and safety risks, and bullying. Shortly after raising a formal grievance on the same issues, he was suspended and then dismissed for gross misconduct: he had failed to disclose that he had worked for the same organisation a decade earlier, and had resigned while under investigation for fraud at that time.
The tribunal considered the claimant's application for interim relief – a fast-track remedy that can keep a dismissed employee in pay until the full hearing. The legal test is a high one: the employee must show a 'pretty good chance' that the real reason for dismissal was the whistleblowing, not the misconduct. Here, the tribunal accepted that the employer had a genuine belief in the dishonesty, and that the disciplinary process, though swift, was not a sham. The application was refused.
What the employer did right
Shaw Trust had a clear policy on honesty in job applications, and the claimant had signed a declaration confirming his answers were true. The disciplinary hearing was chaired by a manager who was not involved in the whistleblowing complaint. The tribunal noted that the employer had a reasonable basis for treating the omission as gross misconduct, given the claimant's previous resignation under a fraud cloud.
Why the case was struck out
After the interim relief refusal, the case continued but the claimant was ordered to pay a £250 deposit as a condition of proceeding. He did not pay, and the claim was struck out. The employer's application for costs was refused because the claim had not been found unreasonable from the outset.
Key takeaway for employees
Whistleblowing protection is strong, but it does not shield you from consequences of unrelated misconduct. If you have a history with the same employer, full disclosure on application forms is critical. And if the tribunal orders a deposit, pay it – or your case will end before it is heard.
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