Ms. P Hussain v Calderdale College — 2021

Ms Hussain had been employed by Calderdale College since 28 March 2006 and was absent from work from 2 November 2018 after being signed off with work-related stress. She had raised concerns about exam malpractice and bullying and harassment, and the College investigated those matters through Julia Gray and Sonia Stirling, with appeals later handled by Denise Cheng-Carter. The tribunal found that the protected disclosure issues were genuinely raised, but that the College's investigations were thorough, were reviewed by City and Guilds, and did not substantiate exam malpractice or bullying and harassment.

The tribunal found that the dismissal decision was made by Sonia Stirling following the long-term absence review process on 29 November 2019. It held that the reason for dismissal was the claimant's long-term absence and the absence of a prospect of return to work, not the making of a protected disclosure. On the ordinary unfair dismissal claim, the tribunal accepted that the claimant's ill-health was linked to the issues she had raised and that she did not feel able to return to work with colleagues involved in those issues, but it found that the respondent had considered occupational health reports, offered support including CBT and mediation, explored redeployment, and acted within the band of reasonable responses.

The tribunal rejected the complaint that Amanda Tingle's involvement in absence management made the dismissal unfair. It found that by the time she became the claimant's line manager, the grievance and appeal processes had concluded, no objection had been made at the time, and her role in absence management was separate from the earlier grievance matters. It also noted that she did not make the dismissal decision, which was taken by Sonia Stirling. The tribunal therefore dismissed the claims of automatic unfair dismissal, ordinary unfair dismissal, and detriment for making a protected disclosure.