Case 2201717/2023 · Employment Tribunal
Ms Katerina Rainwood v Pemberton Capital Advisers LLP and 4 others — 2023
- Case reference
- 2201717/2023
- Decision date
- 16 November 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Adkin
Parties
6 namedClaimant
Ms Katerina Rainwood
Key findings
Tribunal's reasoningAt a preliminary hearing, the tribunal considered applications concerning alleged protected disclosures, legal professional privilege, strike out of claims against the Third Respondent, and the Claimant's application for further information. The Claimant conceded that several alleged protected disclosures attracted legal professional privilege, and those allegations were dismissed on withdrawal by consent.
The tribunal found that a number of other alleged protected disclosures fell within section 43B(4) of the Employment Rights Act 1996 and therefore did not constitute qualifying disclosures. Those allegations were struck out, while PD14, PD16, PD21, PD23 and PD24 remained for determination at the final hearing.
The tribunal also struck out the challenged whistleblowing detriment allegations against the Third Respondent, finding that the pleaded case did not show that he perpetrated those detriments and that those claims had no reasonable prospect of success. The Claimant's application for further information was dismissed because responses had already been provided.
Claims and outcomes
5 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 |
|---|---|---|---|---|
| Whistleblowing | Protected disclosure allegations PD4, PD7, PD8, PD10 and PD12 were dismissed on withdrawal by consent. | Withdrawn | — | — |
| Whistleblowing | Protected disclosure allegations PD1-PD3, PD5-PD6, PD9, PD11, PD13, PD15, PD17-PD20, PD22, PD25 and PD26 were found to fall within section 43B(4) ERA and were struck out because they did not constitute qualifying disclosures. | Struck out | — | — |
| Whistleblowing | The Third Respondent's strike-out application succeeded in relation to detriment allegations D21, D22, D24, D28 and D31, which were struck out as having no reasonable prospect of success. | Struck out | — | — |
| Whistleblowing | Protected disclosure allegations PD14, PD16, PD21, PD23 and PD24 were not struck out and remained for consideration at the final hearing. | Other | — | — |
| Sex discrimination | The gov.uk listing identifies sex discrimination, but the preliminary judgment text provided does not adjudicate the sex discrimination claim. | Other | Sex | — |
Legal tests applied
8 references- section 43B(4) Employment Rights Act 1996
- Rule 37(1) of Schedule 1 to the Employment Tribunals (Constitution & Rules) Regulations 2013
- Swain v Hillman
- A v B
- Anyanwu v South Bank Students' Union
- Ezsias v North Glamorgan NHS Trust
- legal professional privilege
- iniquity exception
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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.
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