Cases2219703/2024

Claimant v Vision Teaching Limited

27 January 2025Before Employment Judge JoffeLondon Centralin person

Outcome

Claimant fails

Individual claims

Whistleblowingstruck out

The tribunal found the claimant had no reasonable prospect of establishing that she made protected disclosures. The claimant's allegations of sexual abuse were incoherent and factually intertwined with outlandish beliefs about public figures conspiring against her. The tribunal concluded she had no reasonable prospect of satisfying it that her belief that the information disclosed tended to show wrongdoing was reasonable, an essential element of a protected disclosure.

Detrimentstruck out

The claimant alleged five detriments flowing from the alleged protected disclosure. The tribunal struck out all claims: (1) the first (comment by safeguarding officer) failed because the claimant could not establish a protected disclosure; (2) the second (reduction in work) had no prospect on causation as documents showed regular work was offered after the disclosure; (3) the third (removal from books) failed on causation due to the claimant's own email of 8 December 2023 stating she was taking a break; (4) the fourth and fifth (refusal of work and negative references) failed because the claimant could not establish protected disclosures.

Unfair Dismissalstruck out

The claimant alleged automatic unfair dismissal for whistleblowing (the refusal to offer work on 20 February 2024 being treated as dismissal). Struck out because the claimant had no reasonable prospect of establishing she made protected disclosures and also because contemporaneous documents showed she was offered work for a significant period after the alleged disclosures, undermining causation.

Facts

The claimant was a supply teacher placed at schools by the respondent agency. She claimed to have made safeguarding disclosures about sexual abuse at a school on 31 March and 1 May 2023. She alleged five detriments following those disclosures including reduction in work, removal from the agency's books, and refusal of work in February 2024. The claimant presented at the hearing with incoherent allegations involving public figures including the Princess of Wales conspiring against her, which were intertwined with her account of the alleged abuse.

Decision

The tribunal struck out all claims under rule 38(1)(a) for no reasonable prospect of success. The claimant had no reasonable prospect of establishing that she held a reasonable belief that the information disclosed tended to show wrongdoing, an essential element of a protected disclosure, because her allegations were incoherent and factually intertwined with outlandish beliefs about public figures. On causation, contemporaneous documents showed she was offered work regularly after the alleged disclosures, and her own email of 8 December 2023 explained she was taking a break from work.

Practical note

A tribunal can strike out a whistleblowing claim at a preliminary stage where the claimant's presentation and evidence demonstrates no reasonable prospect of establishing the reasonableness of their belief in the disclosure, even in a fact-sensitive case, particularly where the alleged wrongdoing is factually intertwined with demonstrably false or outlandish beliefs.

Legal authorities cited

Balls v Downham Market High School [2011] IRLR 217Abertawe Bro Morgannwg University Health Board v Ferguson [2013] ICR 1108Mechkarov v Citibank NA [2016] ICR 1121Twist DX Limited v Armes UKEAT/0030/20/JOJ(V)Ahir v British Airways plc [2017] EWCA Civ 1392Tayside Public Transport Company Limited v Reilly [2012] IRLR 755EzsiasHemdan v Ishmail [2017] ICR 486

Statutes

ERA 1996 s.123Employment Tribunals Rules of Procedure 2013 r.37Employment Tribunals Rules of Procedure 2013 r.38Employment Tribunals Rules of Procedure 2013 r.39ERA 1996 s.43ERA 1996 s.43B

Case details

Case number
2219703/2024
Decision date
27 January 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
education
Represented
No
Rep type
in house

Employment details

Role
Supply teacher
Service
4 years

Claimant representation

Represented
No