Graham Flint and Sharon Flint v Unity Schools Partnership Trust — 2024

The Tribunal, sitting at Bury St Edmunds before Employment Judge Graham with Ms S Elizabeth and Ms S Williams, considered combined claims by Mr Graham Flint and Mrs Sharon Flint, who were married and both employed by Unity Schools Partnership Trust until their resignations. The Claimants alleged that they had been subjected to detriments under s.47B ERA 1996 for having made protected disclosures, and that they had been constructively unfairly dismissed under s.95(1) and s.103A ERA 1996, principally by reason of those disclosures. Following a lengthy procedural history, including initial strike out of the constructive dismissal claims for lack of jurisdiction and subsequent amendments after resignation, the matter was heard over multiple days in May and October 2023 with chambers days continuing into January 2024.

The Tribunal found that while the Claimants did suffer several detriments, none of them were materially influenced by the making of protected disclosures. In relation to the inaccurate reference provided for Mrs Flint by Mrs Wilson-Downes, the Tribunal concluded the protected disclosures were not a material influence; other factors, including the Claimant having brought a grievance and unrealistic expectations set by the line manager, were more likely causes. All complaints of detriment were therefore dismissed.

Because no detriment was found to be due to a protected disclosure, the constructive unfair dismissal claims under s.103A also failed and were dismissed. The Tribunal nonetheless observed that the Respondent's implementation of changes to the Claimants' roles was very poorly managed, with a lack of communication and a failure to consult about Trust-led projects, and suggested these were matters the Respondent may wish to reflect on. No remedies were awarded.