Ms A Saffer v University of Salford — 2024

This reserved judgment concerned the second claim only, arising after Ms A Saffer had resigned from the University of Salford on 3 May 2022 with an effective termination date of 17 June 2022. The Tribunal first decided the ACAS early conciliation point. It held that Ms Saffer was entitled to rely on certificate R179149/22/81 for the second claim, applying the approach in Science Warehouse Limited v Mills, Akhigbe v St Edwards Homes Limited and Compass Group UK & Ireland Limited v Morgan to conclude, as a matter of fact and degree, that the victimisation claim related to the same matter as the earlier proceedings.

On the merits, the Tribunal found that the relevant events took place at a social drinks meeting on 12 November 2022, nearly five months after employment had ended. The meeting was arranged by the Claimant, took place away from University premises, and was not work-related. The judge accepted that Mr Heyes spoke to the Claimant about her case and gave his own opinion, but found there was no evidential basis that the Respondent or HR had directed him to pass on a message or warn her.

Applying section 109 Equality Act 2010 and the authorities cited, including Jones v Tower Boot Co Limited, Chief Constable of Lincolnshire v Stubbs and Sidhu v Aerospace Composite Technology Limited, the Tribunal held that Mr Heyes was not acting in the course of his employment. The Respondent was therefore not vicariously liable. The Claimant's post-employment victimisation claim was not well founded and was dismissed. No remedy was awarded.