Case 2405609/2021 · Employment Tribunal
C1 Ms Costello C2 Mrs Kilner C3 Mrs Barton C4 Ms Caldwell v Disclosure and Barring Service — 2023
- Case reference
- 2405609/2021
- Decision date
- 2 October 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspinall
- Venue
- Liverpool
- Panel members
- Mrs Winter, Mr Gill
Parties
2 namedClaimant
C1 Ms Costello C2 Mrs Kilner C3 Mrs Barton C4 Ms Caldwell
Respondent
Key findings
Tribunal's reasoningOn 25 and 26 September 2023 at Liverpool, before Employment Judge Aspinall sitting with Mrs Winter and Mr Gill, the tribunal considered complaints brought by Ms Costello, Mrs Kilner, Mrs Barton and Ms Caldwell against the Disclosure and Barring Service. The listed complaints included ordinary constructive unfair dismissal, ordinary unfair dismissal, automatically unfair dismissal for protected disclosure, protected disclosure and public interest disclosure detriment, direct sex discrimination, sex-related harassment, sex victimisation, disability discrimination arising from disability, failure to reasonably adjust, and disability-related harassment.
The tribunal struck out the complaints under Rule 37(1)(b) and (e) of the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013. It found that the claimants' conduct of the litigation had been unreasonable such that there could not be a fair hearing of the complaints. The judgment therefore disposed of the claims without any substantive findings on the merits or any monetary award, and it also struck out any other complaint within the case numbers. The written record was sent on 2 October 2023.
Claims and outcomes
9 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Ordinary constructive unfair dismissal complaints for the first three claimants. | Struck out | — | — |
| Unfair dismissal | Ordinary unfair dismissal complaint for the fourth claimant. | Struck out | — | — |
| Whistleblowing | Automatically unfair dismissal and protected disclosure/public interest disclosure detriment complaints. | Struck out | — | — |
| Sex discrimination | Direct sex discrimination complaints. | Struck out | Sex | — |
| Harassment | Sex-related harassment complaints. | Struck out | Sex | — |
| Victimisation | Sex victimisation complaints. | Struck out | Sex | — |
| Disability discrimination | Disability discrimination complaints, including discrimination arising from disability and failure to reasonably adjust. | Struck out | Disability | — |
Legal tests applied
1 reference- Rule 37(1)(b) and (e) Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013
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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