Case 3205408/2022 · Employment Tribunal

Mr Jon Wharnsby v Fire Brigades Union and 3 others — 2024

Case reference: 3205408/2022
Decision date: 14 November 2024
Jurisdiction: England & Wales
Judge: Employment Judge B Beyzade Representation
Venue: East London Hearing Centre

Indexed: 18 May 2026

Parties

5 named

Claimant

Mr Jon Wharnsby

Respondents

Key findings

Tribunal's reasoning

The judgment concerned preliminary issues in consolidated proceedings. The claimant withdrew two amendment applications and also withdrew complaints of pregnancy or maternity discrimination, unjustifiable discipline, an Equality Act protected-act detriment issue, and the claim against Ross McLaren under case number 3205408/2022; those matters were dismissed under Rule 52.

The tribunal struck out the victimisation claim in case number 2307994/2023. It found that the complaint about Mr Lambe's email and attached Certification Officer documents was covered by judicial proceedings immunity, and that the claimant could not proceed in the employment tribunal with GDPR, DPA 2018, or ACAS Early Conciliation allegations relied on in that claim.

For case number 2303057/2024, the tribunal struck out the victimisation allegations relating to Mr Lambe, including matters arising from Mr Lambe's employment tribunal proceedings. It declined to strike out the aspect relating to Mr Shek because, taking the claimant's case at its highest on the limited information before it, the tribunal could not find that this part had no reasonable prospect of success.

Claims and outcomes

7 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Pregnancy and maternity discrimination	The pregnancy or maternity discrimination complaint was withdrawn by the claimant and dismissed under Rule 52.	Withdrawn	Pregnancy and maternity	—
Trade union	The unjustifiable discipline complaint under sections 64 and 65 of the Trade Union and Labour Relations (Consolidation) Act 1992 was withdrawn and dismissed under Rule 52.	Withdrawn	—	—
Victimisation	The issue alleging detriment on the ground that the claimant did a protected act under the Equality Act 2010 was withdrawn and dismissed under Rule 52.	Withdrawn	—	—
Other	The claim against Ross McLaren under case number 3205408/2022 was withdrawn; the judgment does not identify the specific claim type in this passage.	Withdrawn	—	—
Victimisation	The victimisation complaint in case number 2307994/2023, including allegations about Mr Lambe's email, ACAS Early Conciliation, GDPR and DPA 2018 matters, was struck out as having no reasonable prospect of success.	Struck out	—	—

Legal tests applied

11 references

Official outcome judgment PDF

Gov.uk primary record

The 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.

Open official judgment PDF on gov.uk

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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