Miss M McGhee v The members of the Executive Committee at the relevant time of the unincorporated association known as ‘Samphire’ — 2025

The Claimant was employed as Director of Samphire, an unincorporated charity based in Dover, from 4 January 2022 until her summary dismissal on 12 July 2022. The Respondent maintained she was dismissed for gross misconduct, while the Claimant contended the principal reason was that she had made protected disclosures. The hearing was confined to liability, and the disability discrimination complaint had previously been withdrawn and dismissed on withdrawal in September 2023.

The Tribunal (Employment Judge Ramsden sitting with Ms J Cook and Ms G Mitchell) found that the Trustees were entitled to accept the Claimant's conduct as fundamentally breaching her contract of employment and to dismiss her summarily. It concluded that the working relationships between the Claimant, her staff and the Trustees were irremediable, and that there was a pattern of conduct showing resistance to following Trustee instructions. None of the 17 alleged detriments on the ground of protected disclosure were found to be well-founded, so the Tribunal did not need to consider time limits.

On the wages claims, the Tribunal held that the post-termination NJC pay awards for 2021/2022 and 2022/2023 were not 'properly payable' under section 13(3) of the Employment Rights Act 1996 because there was no clear contractual entitlement, policy or custom and practice supporting such payment. The TOIL claim failed for want of particularisation and any contractual basis. The holiday pay claim failed because a payment of £1,850.94 had been made on 21 July 2022 and the Claimant did not show any further sum was owed. The Tribunal concluded that none of the Claimant's complaints were well-founded and the Claim was dismissed.