Case 3305771/2021 · Employment Tribunal

Ms L Iqbal Counsel For the v Ms D Gilbert Counsel — 2023

Case reference: 3305771/2021
Decision date: 1 November 2023
Jurisdiction: England & Wales
Judge: Employment Judge R Lewis Members
Venue: Watford
Panel members: Mr D Bean, Ms B von Maydell-Koch

Indexed: 17 May 2026

Parties

2 named

Claimant

Ms L Iqbal Counsel For the

Respondent

Ms D Gilbert Counsel

Key findings

Tribunal's reasoning

The tribunal upheld several claims against Barnet Football Club Ltd, including victimisation, public interest disclosure detriment, sex discrimination, pregnancy or maternity discrimination, constructive dismissal, automatic unfair dismissal under s.103A Employment Rights Act 1996, and wrongful dismissal for notice pay. It dismissed all other claims, including all claims against Mr A Kleanthous personally, and recorded that the holiday pay claim was withdrawn.

The tribunal found that the upheld discriminatory, victimising, and public interest disclosure detriment matters each breached the duty of trust and confidence and were material, effective causes of the claimant's resignation. It found the claimant had not affirmed the contract before resigning.

On remedies, the hearing dealt with liability and contribution issues only, with remedy deferred. The judgment records that a holiday pay shortfall of just over GBP 3,100 was later paid and that the delay was due to genuine mistake, not a prohibited matter.

Claims and outcomes

8 findings recorded

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Victimisation	Upheld against the first respondent for investigating the claimant's performance and conduct and for constructive dismissal; all claims against the second respondent were dismissed.	Upheld	—	—
Whistleblowing	The tribunal upheld detriment on grounds of public interest disclosure and automatic unfair dismissal under s.103A Employment Rights Act 1996 against the first respondent.	Upheld	—	—
Sex discrimination	Upheld against the first respondent in relation to rejecting the grievance, rejecting the grievance appeal, and constructive dismissal.	Upheld	Sex	—
Pregnancy and maternity discrimination	Upheld against the first respondent in relation to refusing requests for the claimant's partner to accompany her at the grievance appeal hearing and constructive dismissal.	Upheld	Pregnancy and maternity	—
Constructive dismissal	The tribunal found the claimant was constructively dismissed; the automatic unfair dismissal aspect is recorded separately under whistleblowing.	Upheld	—	—
Wrongful dismissal	The tribunal upheld the claim for notice pay, finding the claimant was entitled to one month's notice and was not paid in lieu of notice.

Legal tests applied

6 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.

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.

Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.