Case 2201814/2021 · Employment Tribunal
Mr J Tavernier (consultant) For the v Respondent — 2024
- Case reference
- 2201814/2021
- Decision date
- 12 February 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Baty
- Panel members
- Mr P Lewis, Mr D Shaw
Parties
1 namedClaimant
Mr J Tavernier (consultant) For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant, a former mathematics teacher employed by the respondent from 5 January 2018 to 31 August 2019, brought complaints of post-employment victimisation under s.27 of the Equality Act 2010 (read with s.108) and harassment related to race under s.26 (read with s.39). An earlier race discrimination claim had been settled without admission of liability under a COT3 agreement on 6 January 2020. The present claim concerned acts said to have occurred after the termination of employment, including alleged breach of the COT3 confidentiality terms, a negative reference, a report to the Westminster LADO, statements made at a school assembly, disclosures to the claimant's subsequent employer, and an alleged failure to provide a reference.
The matter was heard at London Central by CVP from 29 January to 7 February 2024 before Employment Judge Baty sitting with Mr P Lewis and Mr D Shaw. The hearing dealt with liability only. Preliminary issues to be determined alongside the substantive issues included whether the COT3 agreement precluded the post-employment claims, whether time limits had been complied with, and an outstanding amendment application reserved by Employment Judge Snelson at the preliminary hearing on 5 May 2022. Written judgment was sent to the parties on 12 February 2024 and written reasons were subsequently provided on the respondent's request of 19 February 2024.
The portion of the judgment supplied to this extraction step was truncated (approximately 15,000 of 108,129 characters, comprising the opening sections and the annexed list of issues). The tribunal's substantive findings, its conclusions on jurisdiction, time limits, the amendment application, and the outcomes on each pleaded allegation are not present in the supplied text. Accordingly, the outcomes for each claim and any remedy are not stated here and confidence has been reduced.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Victimisation | Post-employment victimisation under s.27(1) EqA 2010 read with s.108(1). Multiple alleged detriments listed in agreed list of issues (paragraphs 27.1-27.7 of Amended PoC), including alleged breach of COT3 confidentiality, negative reference, LADO report, assembly statement to pupils, disclosure of settlement to WCS, instruction to parents, and failure to provide reference. PDF text supplied to Layer 2 is truncated (only opening sections and annexed list of issues visible); the tribunal's actual determinations on these allegations are not in the visible text, so the outcome cannot be confirmed. | Other | — | — |
| Harassment | Harassment related to race under s.26 EqA 2010 read with s.39(2). Same factual matrix as the victimisation claim (paragraph 8 of the list of issues). Liability-only hearing. PDF supplied to Layer 2 is truncated and the dispositive findings are not in the visible text; outcome cannot be confirmed from the supplied material. | Other | Race | — |
Legal tests applied
4 references- s.27 Equality Act 2010
- s.108 Equality Act 2010
- s.26 Equality Act 2010
- s.39(2) Equality Act 2010
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.
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