Miss B Shiells v The Governing Body of Ripon Grammar School and 1 other — 2022

The tribunal found that the Claimant made protected disclosures about the handling of Pupil A's medication, but it rejected the allegation that those disclosures caused either the later police complaint or the dismissal. One detriment claim was withdrawn at the hearing. On the remaining detriment claim, the tribunal accepted that Mrs Day's report to the police was a detriment, but found that it was made because Mrs Day was genuinely fearful for her and her family's safety after a series of incidents following dismissal, not because of the protected disclosure.

On dismissal, the tribunal accepted Mr Webb's evidence that he dismissed the Claimant during probation for conduct, capability and the breakdown in her relationship with her line manager. The judgment records concerns including the run sanction imposed on pupils, discussion of a pupil overdose with a grounds worker, changes to the boarding log, failure to follow management instructions, safeguarding concerns, and the deterioration of working relationships. The tribunal found these concerns had arisen before either protected disclosure and were supported by emails and meeting notes.

The tribunal also noted procedural unfairness in the way the dismissal meeting was handled and in reliance on an allegation that was later unsubstantiated, but it held that these matters did not undermine the evidence on the reason for dismissal. It concluded that the protected disclosures were not the principal reason for dismissal and in fact played no part in the decision.