Case 6011717/2024 · Employment Tribunal
Dr C Churchill v University of Salford — 2026
- Case reference
- 6011717/2024
- Decision date
- 25 August 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter REPRESENTATION
Parties
2 namedClaimant
Dr C Churchill
Respondent
Key findings
Tribunal's reasoningEmployment Judge Shotter struck out Dr C Churchill’s breach of contract claim against the University of Salford following the preliminary hearing on 24 August 2026. The tribunal refused her application to adjourn. It found that she had not supplied the requested information about another hearing or explained why it should take precedence; during the hearing, the tribunal learnt that the other hearing was to take place that afternoon.
The breach of contract claim concerned the university preventing Churchill from accessing data and work produced during her employment. An order made on 4 July 2025 required her to identify the contractual terms allegedly breached by 29 August 2025. The tribunal found that she had not supplied that information despite correspondence, strike-out applications and a previous warning. Although she maintained that she had complied, she could not identify or produce the relevant correspondence. She also could not explain the claim at the hearing, including after an adjournment allowed for that purpose.
The tribunal found that Churchill’s conduct of the proceedings was scandalous, unreasonable and vexatious, and that her persistent disregard of orders had delayed the case and disadvantaged the university. It concluded that a fair hearing of the breach of contract claim was no longer possible. Having considered a further warning and a costs order as lesser sanctions, it held that strike-out was proportionate under Rule 38(1)(b), (c), (d) and (e).
The tribunal declined to strike out the automatic unfair dismissal claim under section 103A, whistleblowing detriment claim and unlawful deduction of wages claim at this stage. Churchill had not served her witness statement by the ordered exchange date of 24 April 2026, and the tribunal found no order supporting her assertion that exchange was due on 13 October 2026. Taking account of the public interest in determining whistleblowing complaints, her status as a litigant in person and the severity of striking out all claims, it gave her a final opportunity to comply. She was required to serve her statement within 14 days after the judgment was sent to the parties, failing which the remaining claims would automatically be struck out. Their merits were not decided.
No monetary award was made in this judgment. The tribunal directed that a three-hour costs hearing be listed to decide whether Churchill should pay all or part of the university’s costs arising from her unreasonable conduct. That hearing would take place after the final hearing, or earlier if the remaining claims were struck out. The judge hearing costs would remain free to make no costs order.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Struck out under Rule 38(1)(b), (c), (d) and (e) for the conduct of proceedings, non-compliance with orders, failure actively to pursue the claim and the impossibility of a fair hearing. The contractual merits were not determined. | Struck out | — | — |
| Unfair dismissal | Automatic unfair dismissal under section 103A of the Employment Rights Act 1996. Not struck out at this hearing; merits remain undecided. The claimant was ordered to serve her witness statement within 14 days after the judgment was sent to the parties, failing which the remaining claims would automatically be struck out. | Other | — | — |
| Whistleblowing | Whistleblowing detriment. Not struck out at this hearing; merits remain undecided. Subject to the same witness statement order and automatic strike-out consequence. | Other | — | — |
| Unlawful deduction from wages | Not struck out at this hearing; merits remain undecided. Subject to the same witness statement order and automatic strike-out consequence. | Other | — | — |
Legal tests applied
5 references- Employment Tribunal Procedure Rules 2024, Rule 38(1)(b), (c), (d) and (e)
- Proportionality of strike-out and consideration of lesser sanctions
- Whether a fair trial remains possible
- Overriding objective: dealing with cases fairly and justly
- Leeks, EA-2022-001201-RN: likelihood of repeated conduct and the possibility of a fair trial
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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