Case 3321127/2019 · Employment Tribunal
In person For the v College of Policing Limited — 2020
- Case reference
- 3321127/2019
- Decision date
- 7 January 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge George Appearances
- Venue
- Watford
Parties
2 namedClaimant
In person For the
Respondent
Key findings
Tribunal's reasoningThe Tribunal considered Mr B Middup's application for reconsideration of the earlier decision to reject his claim form. He said that false and misleading statements had been made about him in a witness statement signed for the 2016 proceedings, and argued that there was a public interest in the Tribunal being able to deal with it. He also said, in effect, that the College of Policing had failed to tell the truth to the Tribunal.
Employment Judge George refused reconsideration. The Judge held that the complaint about the College's refusal to acknowledge the alleged falsehoods did not fall within Part IVA or Part V of the Employment Rights Act 1996, so the Tribunal had no jurisdiction to consider it as a protected disclosure detriment complaint. The Judge also said that, on the face of the ET1, the complaint amounted to an allegation of defamation arising from statements in a witness statement, which was not a cause of action for the Employment Tribunal.
The Judge further observed that, if the claimant was in substance trying to repeat allegations made in the earlier employment dispute, that issue should have been pursued in the original proceedings. The Tribunal therefore held that the claim form did not disclose a claim within its jurisdiction and refused the application for reconsideration. No remedy was awarded.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Application for reconsideration of the rejection of the ET1. The claimant said false and misleading statements had been made in a witness statement used in earlier proceedings, but the Tribunal held the complaint did not fall within Part IVA or Part V of the Employment Rights Act 1996 and amounted, on its face, to a matter outside Employment Tribunal jurisdiction. | Other | — | — |
Legal tests applied
2 references- Part IVA ERA 1996
- Part V ERA 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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