Cases4103044/2023

Claimant v The Board of Management of South Lanarkshire College

4 March 2025Before Employment Judge L WisemanScotlandin person

Outcome

Claimant fails

Individual claims

Whistleblowingfailed

Tribunal found Mr Keegan had not made protected disclosures. Even if he had, the alleged detrimental treatment (not engaging, length of suspension, press articles) was not materially influenced by the disclosures. The tribunal found no causal link between alleged disclosures and treatment.

Automatic Unfair Dismissalfailed

Tribunal found Mr Keegan was dismissed for gross misconduct relating to governance failures, partisanship with the Principal, and providing poor advice to the Board. The reason for dismissal was conduct, not protected disclosures. The tribunal found the alleged disclosures were not the principal reason for dismissal.

Detrimentpartly succeeded

One detriment claim (3.1(a) - Mr Kerr not engaging) was struck out as time-barred. Tribunal found it was reasonably practicable to present in time. Other detriment claims (length of suspension, press articles) failed on merits: the alleged disclosures did not materially influence the treatment.

Automatic Unfair Dismissalfailed

Ms McKechnie's claim of automatic unfair dismissal for making protected disclosures was dismissed. Tribunal found she had not made protected disclosures in law. Even if she had, the reason for her dismissal was gross misconduct related to governance failures, not the alleged disclosures.

Unfair Dismissalfailed

Ms McKechnie's ordinary unfair dismissal claim was dismissed. Tribunal found the reason for dismissal was gross misconduct relating to governance failures and partisanship. The dismissal fell within the band of reasonable responses, and the procedure was fair.

Direct Discrimination(sex)failed

Ms McKechnie's sex discrimination claim was dismissed. The tribunal found no evidence that sex was a material influence on the treatment she received. The reason for her dismissal and the treatment she experienced was related to governance failures and conduct, not her sex.

Facts

Ms McKechnie was Principal and Mr Keegan Interim Board Secretary at South Lanarkshire College. Complaints were made against Ms McKechnie by five former/absent staff regarding her management style. Chair Andrew Kerr sought to investigate these complaints, but Ms McKechnie and Mr Keegan believed he was plotting against her and interfering in operational matters. Relationships broke down significantly. Ms McKechnie complained to the Scottish Funding Council about governance failures by Mr Kerr. Independent investigations were commissioned into all parties. Both claimants were suspended in November 2021 and dismissed for gross misconduct in January 2023 following investigation reports finding they had failed in their duties, been partisan, and contributed to governance failures. Mr Kerr also stood down.

Decision

The tribunal dismissed all claims. It found neither claimant had made protected disclosures because they did not reasonably believe their disclosures were in the public interest, being motivated by self-interest in their employment situations. Even if protected disclosures had been made, the tribunal found the disclosures did not materially influence the treatment (detriments or dismissal) the claimants received. The principal reason for both dismissals was gross misconduct relating to governance failures and partisanship, not whistleblowing. Ms McKechnie's sex discrimination claim also failed: sex played no part in her treatment. One aspect of Mr Keegan's detriment claim was struck out as time-barred.

Practical note

For a disclosure to be protected, the tribunal must be satisfied the worker reasonably believed it was in the public interest, not simply their own employment interest; self-interested complaints about one's own treatment will not qualify as protected disclosures even where governance or policy breaches are alleged.

Legal authorities cited

Croydon Health Services NHS Trust v BeattPalmer and Saunders v Southend-on-SeaWalls Meat Co v KhanNichol v World Travel and Tourism CouncilRoyal Mail Group v JhutiFecitt v NHS ManchesterTrustees of Mama East African Women's Group v Dobson

Statutes

Employment Rights Act 1996 s.47BEmployment Rights Act 1996 s.48(3)Equality Act 2010 s.13Employment Rights Act 1996 s.103AEmployment Rights Act 1996 s.98

Case details

Case number
4103044/2023
Decision date
4 March 2025
Hearing type
full merits
Hearing days
16
Classification
contested

Respondent

Sector
education
Represented
Yes
Rep type
solicitor

Employment details

Role
Principal (Ms McKechnie); Interim Board Secretary/Clerk to the Board (Mr Keegan)

Claimant representation

Represented
Yes
Rep type
solicitor