The claimant was dismissed in November 2025 after an incident at the hotel he worked at when police were called. He contended he had made a protected disclosure that evening about fire escape doors being left open, compromising building security and guest/staff safety, and that this caused his dismissal. The respondent disputed any disclosure was made and said the decision to dismiss for performance reasons (the claimant was still in a probation period) was made three days before the incident and alleged disclosure. In the ET the claimant sought interim relief but the tribunal refused and so he appealed.

Recorder Fraser Butlin KC allowed the appeal primarily as the ET had not conducted a summary assessment of the evidence as required as to whether the claimant had a "pretty good chance" of success. Butlin KC however declined to substitute the decision since this would amount to an impermissible judicial assessment of the facts so the matter was remitted to the same tribunal for reconsideration.