Cases3312968/2023

Claimant v The Governing Body of Giles Junior School

Outcome

Claimant fails

Individual claims

Redundancy Paywithdrawn

The claim for a redundancy payment was withdrawn by the claimant during the hearing and was consequently dismissed upon withdrawal.

Wrongful Dismissalwithdrawn

The claim of wrongful dismissal was withdrawn by the claimant during the hearing and was consequently dismissed upon withdrawal.

Harassment(disability)failed

The tribunal found that the claim of disability-related harassment under section 26 of the Equality Act 2010 was not well founded. The tribunal determined that the respondents' conduct did not constitute harassment related to the claimant's disability.

Direct Discrimination(disability)failed

The tribunal found that the claim of direct disability discrimination under section 13 of the Equality Act 2010 was not well founded. The tribunal concluded that the claimant was not treated less favourably because of her disability.

Unfair Dismissalfailed

The tribunal found that the claim of unfair dismissal under section 98 of the Employment Rights Act 1996 was not well founded. The tribunal determined that the dismissal was fair and that the respondent acted reasonably in treating the reason as sufficient for dismissal.

Facts

Miss Faulkner was employed by Giles Junior School and brought claims against the school's governing body and Louise Whitby (likely a school official). The claimant alleged disability discrimination including direct discrimination and harassment, as well as unfair dismissal. She also initially claimed redundancy and wrongful dismissal but withdrew those claims during the three-day hearing in November 2025.

Decision

The tribunal dismissed all of the claimant's claims. Two claims (redundancy payment and wrongful dismissal) were dismissed upon withdrawal. The remaining claims of disability-related harassment, direct disability discrimination, and unfair dismissal were found not to be well founded and were dismissed.

Practical note

Unrepresented claimants in discrimination and unfair dismissal cases face significant challenges in establishing their claims against represented respondents, particularly in the education sector where procedural fairness is often well-documented.

Legal authorities cited

Statutes

EqA 2010 s.26ERA 1996 s.98EqA 2010 s.13

Case details

Case number
3312968/2023
Decision date
5 November 2025
Hearing type
full merits
Hearing days
3
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No