Case 2302605/2022 · Employment Tribunal
Mr J Smith v South Thames Colleges Group — 2024
- Case reference
- 2302605/2022
- Decision date
- 16 May 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ramsden With
- Venue
- London South
- Panel members
- Mrs J Clewlow, Ms N O'Hare
Parties
2 namedClaimant
Mr J Smith
Respondent
Key findings
Tribunal's reasoningThe claimant was dismissed following misconduct allegations relating to interactions with students and comments about race and slavery. The tribunal found that conduct was the reason for dismissal, that the respondent had a genuine belief on reasonable grounds, that it carried out a reasonable investigation, and that dismissal was within the range of reasonable responses. The ordinary unfair dismissal complaint and the automatic unfair dismissal complaints were dismissed.
The tribunal found that the claimant had made protected disclosures about dust extraction and pigeon faeces. It rejected the argument that those disclosures, health and safety functions, or trade union activities were the principal reason for dismissal, but found that Disclosures 1 and 2 were a material influence on the earlier reassignment of his duties away from carpentry to plumbing and brickwork.
At remedy, the tribunal found the protected disclosure detriment complaint was in time and awarded compensation for injury to feelings. It placed the injury in the lower band and awarded 5500 gross, with no separate award for other compensation and no ACAS uplift or reduction.
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 |
|---|---|---|---|---|
| Unfair dismissal | Ordinary unfair dismissal under section 94 Employment Rights Act 1996 was dismissed. | Dismissed | — | — |
| Whistleblowing | Automatic unfair dismissal said to be because of protected disclosures under section 103A Employment Rights Act 1996 was dismissed. | Dismissed | — | — |
| Other | Automatic unfair dismissal said to be because of health and safety activities or functions under section 100(1)(a) and (b) Employment Rights Act 1996 was dismissed. | Dismissed | — | — |
| Trade union | Automatic unfair dismissal said to be because of taking part in independent trade union activities under section 152(1)(b) Trade Union and Labour Relations (Consolidation) Act 1992 was dismissed. | Dismissed | — | — |
| Whistleblowing | Protected disclosure detriment under section 48 Employment Rights Act 1996 succeeded; the remedy judgment awarded 5500 gross for injury to feelings. | Upheld | — | £5,500 |
Remedy
Monetary award- Total award
- £5,500
- across all upheld claims
Legal tests applied
21 references- section 98(2) Employment Rights Act 1996
- Burchell
- range of reasonable responses
- Smith v Glasgow City District Council
- Robinson v Combat Stress
- Broeker v Metroline Travel Limited
- Tayeh v Barchester Healthcare Ltd
- Taylor
- section 103A Employment Rights Act 1996
- section 100(1)(a) and (b) Employment Rights Act 1996
- section 152 Trade Union and Labour Relations (Consolidation) Act 1992
- section 47B Employment Rights Act 1996
- section 48(2) Employment Rights Act 1996
- Shamoon v Chief Constable of the Royal Ulster Constabulary
- Fecitt v NHS Manchester
- Ibekwe v Sussex Partnership NHS Foundation Trust
- International Petroleum Ltd v Osipov
- Prison Service v Johnson
- Ministry of Defence v Cannock
- De Souza v Vinci Constructions (UK) Ltd
- Vento bands
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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