EAT UNFAIR DISMISSAL – Constructive unfair and discriminatory dismissal
RACE DISCRIMINATION
PRACTICE AND PROCEDURE – Judicial proceedings immunity
The Claimant headteacher is alleging in proceedings currently adjourned part-heard that she was the victim of a concerted campaign of racial discrimination, harassment and victimisation, pursued by parents, staff and governors at the school, and encouraged by senior employees of the council, in order to remove her from her post.
Before the hearing began the Respondents served a witness statement from the School Business Manager, who is to be called as a witness on their behalf. The Claimant alleges that the statement contains lies as a result of improper pressure being put upon the witness by the Respondents to make a statement unhelpful to the Claimant. The Claimant resigned from her employment and her ET1 was amended to include claims of constructive dismissal.
The ET held on a PHR that the contents of this witness statement and the conduct connected with its preparation attracted absolute judicial proceedings immunity; that the Claimant could not rely upon this allegation in support of her complaints of constructive dismissal; and that the offending paragraphs of her amended claim should be struck out, on the basis that there was no jurisdiction to determine them.
On the Claimant’s appeal, on the basis that the ET erred in holding that the immunity applied in these circumstances, the law relating to judicial proceedings immunity and its rationale was considered in detail. On analysis the Tribunal’s reasoning and conclusions were held to be correct. The appeal was therefore dismissed.
Judges:
Cox J
Citations:
[2012] UKEAT 0540 – 12 – 1202
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Cutler v Dixon KBD 1585
‘It was adjudged, that if one exhibits articles to justices of peace against a certain person, containing divers great abuses and misdemeanors, not only concerning the petitioners themselves, but many others, and all this to the intent that he . .
Cited by:
Appeal from – Singh v Moorlands Primary School and Another CA 25-Jul-2013
The claimant was a non-white head teacher, alleging that her school governors and local authority had undermined and had ‘deliberately endorsed a targeted campaign of discrimination, bullying, harassment and victimisation’ against her as an Asian . .
Lists of cited by and citing cases may be incomplete.
Employment, Discrimination
Updated: 14 November 2022; Ref: scu.470906