Mrs A Jenkins v National Trust for Places of Historic Interest or Natural Beauty — 2024

The claimant, a litigant in person, brought claims against the National Trust arising from her employment and resignation in 2023, including automatic unfair constructive dismissal, detriment for protected disclosures under s.47B ERA 1996, discrimination on grounds of race, age and sex under ss.13, 26 and 27 of the Equality Act 2010, and wrongful dismissal. The claim form was presented on 14 October 2023 following ACAS Early Conciliation between 3 July and 14 August 2023, and the tribunal found that discrimination and victimisation allegations relating to events before 3 April 2023 were out of time, with no conduct extending over a period and no basis to extend time on a just and equitable basis; those complaints were dismissed for want of jurisdiction.

On the substantive issues, the tribunal found that the respondent was not in breach of contract and that the claimant's resignation did not amount to a dismissal under s.95(1) ERA 1996. The claims of unfair dismissal under s.98 and automatic unfair dismissal under s.103A were not well-founded and were dismissed, and the wrongful dismissal claim for notice pay accordingly failed. The detriment claims under s.47B were also dismissed, the tribunal finding that the claimant had not been subjected to detriments on the ground of any protected disclosure.

The victimisation claims under s.27 of the Equality Act 2010 were dismissed; the tribunal found that the relevant grievance, raised on 7 June 2023, was a protected act but was raised after the claimant had decided to resign and in anticipation of proceedings, and there was no causal link between any protected act and the alleged acts of victimisation. Because all claims failed, the tribunal did not need to decide remedy, although it observed that any award would in any event have been limited to the effective date of termination with no future loss.