Case 1300025/2024 · Employment Tribunal
Mr P Nesbitt v NASUWT (National Association Schoolmasters Union Woman Teachers) — 2025
- Case reference
- 1300025/2024
- Decision date
- 14 October 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Bennett Representation
- Venue
- Birmingham
Parties
2 namedClaimant
Mr P Nesbitt
Key findings
Tribunal's reasoningThe tribunal sat by CVP in Birmingham on 13 and 14 October 2025 before Employment Judge Bennett. It dismissed two disability discrimination complaints as out of time: one alleging a failure to provide support in the disciplinary process, and one alleging discrimination arising from disability. It also recorded that the s145B complaint was withdrawn.
Several other complaints were disposed of on procedural grounds. Complaints about the respondent's executive standing orders and national rules, together with complaints under s62, s181, s183 and s235A TULRCA 1992, were withdrawn but not dismissed. Complaints under s146 and under s63, s226, s226A, s229, s231A, s233, s234 and s234A TULRCA 1992 were struck out, and the respondent's strike-out application under s64 and s65 was not allowed so those claims could proceed. No monetary award was made.
Claims and outcomes
7 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | Direct disability discrimination in relation to a failure to provide support in the disciplinary process up to November 2022 was out of time and dismissed. | Dismissed | Disability | — |
| Disability discrimination | Discrimination arising from disability in relation to events concerning the dispute and disciplinary process up to November 2022 was out of time and dismissed. | Dismissed | Disability | — |
| Trade union | The complaint under s145B Trade Union and Labour Relations (Consolidation) Act 1992 was dismissed upon withdrawal by the claimant. | Withdrawn | — | — |
| Trade union | Complaints of breaches of the respondent's own executive standing orders and national rules were withdrawn but not dismissed. | Withdrawn | — | — |
| Trade union | Complaints under s62, s181, s183 and s235A Trade Union and Labour Relations (Consolidation) Act 1992 were withdrawn but not dismissed. | Withdrawn | — | — |
| Trade union | Complaints under s146 Trade Union and Labour Relations (Consolidation) Act 1992 were struck out as having no reasonable prospect of success and dismissed. |
Legal tests applied
5 references- s145B TULRCA 1992
- s146 TULRCA 1992
- s64 and s65 TULRCA 1992
- s62, s181, s183 and s235A TULRCA 1992
- s63, s226, s226A, s229, s231A, s233, s234 and s234A TULRCA 1992
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.