Cases3302498/2023

Claimant v Macintyre Academies

16 April 2025Before Employment Judge Adkinin person

Outcome

Partly successful

Individual claims

Automatic Unfair Dismissalnot determined

The claim under s.103A ERA 1996 (automatic unfair dismissal for protected disclosure) survived strike-out. The tribunal found that key elements had been set out in the claim forms: alleged protected disclosures on 29 January and 22 February 2022, breaches relating to withheld suspension pay and disciplinary measures in retaliation. The claim proceeds to a full merits hearing in January 2025.

Discrimination Arising from Disability (s.15)(disability)struck out

Struck out for non-compliance with Employment Judge Glennie's orders to clarify the claim. Despite two opportunities to comply with clear directions to set out dates, events, persons involved and claim types, the claimant failed to provide coherent allegations. The tribunal found it was no longer possible to have a fair hearing on these discrimination claims.

Direct Discrimination(race)struck out

Struck out for non-compliance with case management orders. The claimant provided voluminous but incoherent documentation mixing legal terminology without meaningful facts. The tribunal could not discern a coherent claim of race discrimination despite extensive attempts.

Direct Discrimination(age)struck out

Struck out for non-compliance. The claimant was twice ordered to clarify her claims in simple terms but failed to do so, instead providing jumbled documentation using legal terminology without regard to the tribunal's clear directions.

Direct Discrimination(sex)struck out

Struck out for non-compliance with tribunal orders. After two opportunities to clarify the claims, the claimant failed to set out coherent allegations in the format directed by Employment Judge Glennie. A fair hearing was no longer possible.

Failure to Make Reasonable Adjustments(disability)struck out

Struck out along with other discrimination claims for non-compliance with case management orders. The claimant failed to provide coherent particulars despite clear directions, making a fair hearing impossible.

Harassmentstruck out

Struck out for non-compliance. The claimant mentioned harassment in her submissions but failed to provide coherent allegations in the ordered format. The tribunal could not identify clear factual allegations that could be determined.

Victimisationstruck out

Struck out for non-compliance with case management orders. Despite references to victimisation in the claimant's various submissions, no coherent claim could be discerned from the voluminous documentation provided.

Breach of Contractstruck out

Struck out as a separate claim. However, breach of contract issues (withheld suspension pay and retaliatory disciplinary measures) form part of the constructive dismissal claim under s.103A which proceeds to full hearing.

Unlawful Deduction from Wagesstruck out

Struck out for non-compliance. References to monies owed from suspension pay were made but no coherent claim was particularised despite tribunal orders. These issues may be relevant to the surviving constructive dismissal claim.

Interim Relieffailed

Application for interim relief under s.128 ERA 1996 was dismissed by Employment Judge Hodgson on 7 December 2023. Different threshold test applies to interim relief than to the full merits hearing.

Facts

The claimant worked as a Residential Support Worker from April 2018 to March 2023. She raised a grievance in November 2021 and what she described as a whistleblowing email in January 2022. She went on sick leave from March 2022, never returning to work. She alleges she was subjected to disciplinary investigations in retaliation for protected disclosures, withheld suspension pay, and delays in grievance handling. She resigned in March 2023 claiming constructive dismissal. She brought three separate claims including allegations of unfair dismissal, multiple discrimination claims (disability, race, age, sex), and whistleblowing.

Decision

The tribunal struck out all discrimination claims for repeated non-compliance with case management orders requiring the claimant to clarify her claims. Despite two opportunities and clear directions from Employment Judge Glennie, the claimant provided voluminous but incoherent documentation mixing legal terminology without meaningful facts, making a fair hearing impossible. However, the tribunal refused to strike out the automatic unfair dismissal claim under s.103A ERA 1996, finding that key elements of a whistleblowing constructive dismissal claim could be discerned from the claim forms. The tribunal also refused the respondent's application for a deposit order on the surviving claim.

Practical note

Employment tribunals will strike out claims where litigants in person repeatedly fail to comply with clear case management orders to particularise their claims, but will preserve claims where core allegations can be identified from the pleadings, particularly in whistleblowing dismissal cases.

Legal authorities cited

Blockbuster Entertainment Ltd v James [2006] IRLR 630Arthur v Hertfordshire Partnership University NHS Foundation Trust UKEAT/0121/19/LACox v Adecco Group UK and Ireland [2021] ICR 1307T Smith v Tesco [2023] EAT 11

Statutes

ERA 1996 s.103AEquality Act 2010Employment Tribunals Rules 2013 Rule 39Employment Tribunals Rules 2013 Rule 37ERA 1996 s.128

Case details

Case number
3302498/2023
Decision date
16 April 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Employment details

Role
Residential Support Worker
Service
5 years

Claimant representation

Represented
No