Cases2403490/2024

Claimant v Governing Body of Sutton Green Primary School

28 April 2025Before Employment Judge Phil AllenManchesterremote video

Outcome

Other

Individual claims

Detrimentnot determined

The tribunal reconsidered its previous decision to reject the whistleblowing detriment claim under rule 14(1)(a), finding the initial rejection was wrong. The claim will now proceed.

Unlawful Deduction from Wageswithdrawn

Withdrawn by claimant.

Breach of Contractwithdrawn

Failure to provide statement of employment particulars claim withdrawn by claimant.

Breach of Contractwithdrawn

Failure to provide itemised pay statement claim withdrawn by claimant.

Facts

This is a reconsideration hearing following a previous tribunal decision to reject part of the claimant's claim relating to whistleblowing detriment. The claimant had also brought claims for unauthorised deduction from wages, failure to provide employment particulars, and failure to provide itemised pay statements.

Decision

The tribunal found that the previous decision to reject the whistleblowing detriment claim was wrong and reconsidered it under rule 14(1)(a). The claimant withdrew three claims relating to wages and employment particulars, which were dismissed on withdrawal.

Practical note

A tribunal can reconsider its decision to reject a claim under rule 14(1)(a) where the initial rejection was wrong in law or fact.

Legal authorities cited

Statutes

ERA 1996 s.13ERA 1996 s.1ERA 1996 s.8

Case details

Case number
2403490/2024
Decision date
28 April 2025
Hearing type
reconsideration
Hearing days
1
Classification
procedural

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Claimant representation

Represented
No