Case 2414789/2021 · Employment Tribunal
Ms A Birch v Trafford College Group — 2023
- Case reference
- 2414789/2021
- Decision date
- 20 July 2023
- Jurisdiction
- England & Wales
- Venue
- Manchester
- Panel members
- Mr A Egerton, Mr I Taylor
Parties
2 namedClaimant
Ms A Birch
Respondent
Key findings
Tribunal's reasoningThe tribunal heard this case at Manchester on 3, 4, 5 and 6 July 2023 before Employment Judge K M Ross, sitting with Mr A Egerton and Mr I Taylor. The claimant was Ms A Birch and the respondent was Trafford College Group. The judgment record states that the tribunal's decision was unanimous.
The tribunal rejected all four claims. It held that the claimant's claim of automatic unfair constructive dismissal for making protected disclosures under section 103A Employment Rights Act 1996 was not well-founded and failed. It also rejected the related detriment claims under section 47B Employment Rights Act 1996 said to arise on 20 September 2021, 5 October 2021 and 11 October 2021.
The tribunal reached the same outcome on the health and safety claims. The claimant's automatic unfair constructive dismissal claim under section 100(1)(c) Employment Rights Act 1996 failed, as did the detriment claim under section 44(1)(c) Employment Rights Act 1996 based on the same three dates. The published record contains the dispositive findings only; it notes that reasons were given orally at the hearing and that written reasons would not be provided unless requested in time.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | Automatic unfair constructive dismissal claim under section 103A Employment Rights Act 1996, pleaded as dismissal for making protected disclosures (whistleblowing). | Dismissed | — | — |
| Whistleblowing | Detriment claim under section 47B Employment Rights Act 1996, alleged detriments on 20 September 2021, 5 October 2021 and 11 October 2021 for making protected disclosures. | Dismissed | — | — |
| Constructive dismissal | Automatic unfair constructive dismissal claim under section 100(1)(c) Employment Rights Act 1996, pleaded on health and safety grounds. | Dismissed | — | — |
| Other | Detriment claim under section 44(1)(c) Employment Rights Act 1996, alleged detriments on 20 September 2021, 5 October 2021 and 11 October 2021 for health and safety reasons. | Dismissed | — | — |
Legal tests applied
4 references- section 103A Employment Rights Act 1996
- section 47B Employment Rights Act 1996
- section 100(1)(c) Employment Rights Act 1996
- section 44(1)(c) Employment Rights Act 1996
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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