Mr D Gould v The Corsham School Academy Group and 1 other — 2019

At the preliminary hearing in Southampton on 30 July 2019 before Employment Judge Siddall, the tribunal made case-management decisions on which claims could proceed, which were withdrawn, and which were struck out. No merits findings or remedies were decided at this stage. The second respondent faced breach of contract claims for pay for the period 4 May 2018 to 25 July 2018 and for pay for a parent's evening on 29 March 2018, and those claims were allowed to proceed. All other breach of contract claims were dismissed upon withdrawal.

The tribunal struck out the claimant's claim for pay from 4 May 2018 to 31 August 2018 brought under regulation 6 of the Agency Worker Regulations as having no reasonable prospect of success. It allowed the claimant to proceed with the separate Agency Worker Regulations claim against the first respondent that he had been refused access to collective facilities and amenities in breach of regulation 12. The claims for failure to consult over redundancy and over the financial arrangements between the first and second respondents were dismissed upon withdrawal, as was the claim for holiday pay pleaded as breach of contract and/or breach of the Working Time Regulations.

The claimant was also allowed to proceed with whistleblowing detriment claims under section 47B of the Employment Rights Act 1996 in relation to five protected disclosures listed in the judgment, made on 16 January 2018, 28 February 2018 (in writing and orally), 25 April 2018, and 26 April 2018. Claims relating to any other alleged protected disclosures were dismissed upon withdrawal. The tribunal also granted leave to amend so the claimant could add alleged further detriments after the termination of his assignment, namely that he was not offered further work with the first respondent and was not offered further work by the second respondent save for one day's teaching.