Mrs Anne Darlington v London Borough of Islington — 2023

The claimant brought a claim concerning her non-appointment to a role at Westbourne Early Years Centre, alleging detriment on the grounds of having made a protected disclosure. The tribunal also considered whether Westbourne Early Years Centre could remain as a respondent, and removed it because it was directly run and managed by London Borough of Islington and was not a separate legal entity.

The tribunal found that the claimant had entered into a COT3 settlement agreement with the Governing Body of Hargrave Park School and London Borough of Islington. The agreement provided for full and final settlement of all and any claims, including future claims and claims under the Employment Rights Act 1996. The tribunal held that London Borough of Islington was a party to that agreement and could rely on it.

The tribunal concluded that the language of the settlement agreement was clear and precluded the whistleblowing claim. It held that, even on a narrower construction, the agreement would exclude claims arising from the claimant's employment because the alleged protected disclosures arose within that employment. The tribunal therefore held it had no jurisdiction and dismissed the proceedings under rule 27 of the Employment Tribunal Rules of Procedure.