Claimant v NASUWT (National Association Schoolmasters Union Woman Teachers)
Outcome
Individual claims
The claim related to failure to provide support in the disciplinary process up to November 2022 and was out of time. The tribunal found it was presented outside the statutory time limit and dismissed it.
The claim of discrimination arising from disability concerning events in the dispute and disciplinary process up to November 2022 was presented out of time and dismissed by the tribunal.
The complaint under s145B Trade Union and Labour Relations (Consolidation) Act 1992 was withdrawn by the claimant and dismissed upon withdrawal.
Complaints of breaches of the Respondent's own executive standing orders and national rules were withdrawn by the claimant but not dismissed.
Complaints under s62, s181, s183, and s235A Trade Union and Labour Relations (Consolidation) Act 1992 were withdrawn by the claimant but not dismissed.
Complaints under s146 Trade Union and Labour Relations (Consolidation) Act 1992 were struck out as having no reasonable prospect of success and dismissed.
Complaints under s63, s226, s226A, s229, s231A, s233, s234 and s234A Trade Union and Labour Relations (Consolidation) Act 1992 were struck out as having no reasonable prospect of success but not dismissed.
The Respondent's application to strike out complaints under s64 and s65 of Trade Union and Labour Relations (Consolidation) Act 1992 was not allowed and these claims may proceed to a full hearing.
Facts
The claimant, a member of NASUWT, brought multiple claims against the union relating to disability discrimination, alleged failures to provide support during a disciplinary process up to November 2022, and numerous alleged breaches of trade union legislation and the union's own rules. This was a preliminary hearing to determine time limit issues and strike-out applications.
Decision
The tribunal dismissed the disability discrimination claims as out of time. Most trade union-related claims were either struck out as having no reasonable prospect of success or withdrawn by the claimant. However, the tribunal refused to strike out claims under s64 and s65 TULRCA 1992, allowing those to proceed.
Practical note
Claimants bringing multiple technical claims under trade union legislation without clear reasonable prospects of success risk having those claims struck out at preliminary hearing, and unrepresented claimants face particular challenges in presenting complex statutory claims against well-represented institutional respondents.
Legal authorities cited
Statutes
Case details
- Case number
- 1300025/2024
- Decision date
- 15 October 2025
- Hearing type
- preliminary
- Hearing days
- 2
- Classification
- contested
Respondent
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No