Case 8002033/2024 · Employment Tribunal
Ms Kirsty Anderson v East Dunbartonshire Council — 2026
- Case reference
- 8002033/2024
- Decision date
- 29 January 2026
- Jurisdiction
- Scotland
- Judge
- Employment Judge L Wiseman
- Venue
- Glasgow
Parties
2 namedClaimant
Ms Kirsty Anderson
Respondent
Key findings
Tribunal's reasoningThe tribunal found that the claimant made two qualifying protected disclosures: at a one-to-one meeting on 15 September 2022, when she said the community asset transfer was unlawful because it did not meet the Council's policy conditions, and in a grievance sent on 5 November 2022. It accepted that the claimant reasonably believed the disclosures tended to show breach of a legal obligation and were made in the public interest.
The tribunal found that some alleged detriments occurred, including removal from a team meeting, a fact-finding investigation, instructions about the Grants Advisory Committee report and meeting, suspension, disciplinary proceedings and dismissal. It found, however, that those actions were not materially influenced by the protected disclosures. The tribunal accepted the respondent's evidence that the actions were taken because of concerns about the claimant's behaviour, refusal to follow management instructions and issues arising from the community grant and warm spaces grant schemes.
On automatic unfair dismissal, the tribunal found that the dismissing officer knew only of the September 2022 disclosure and was not motivated by it. On ordinary unfair dismissal, it found the reason for dismissal was conduct, that the respondent had reasonable grounds for its belief following a reasonable investigation, that a fair procedure was followed, and that summary dismissal fell within the band of reasonable responses.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | Complaint under section 47B Employment Rights Act that the claimant was subjected to detriments on the ground of having made protected disclosures. The tribunal accepted two qualifying disclosures were made but found the established detriments were not because of those disclosures. | Dismissed | — | — |
| Whistleblowing | Complaint under section 103A Employment Rights Act that dismissal was automatically unfair because the claimant made protected disclosures. The tribunal found the reason for dismissal was misconduct, not the protected disclosure. | Dismissed | — | — |
| Unfair dismissal | Ordinary unfair dismissal complaint. The tribunal found the respondent had a fair reason, conduct, carried out a reasonable investigation and disciplinary process, and dismissal fell within the band of reasonable responses. | Dismissed | — | — |
Legal tests applied
12 references- section 43A Employment Rights Act
- section 43B Employment Rights Act
- section 43C Employment Rights Act
- section 47B Employment Rights Act
- Cavendish Munro Professional Risks Management Ltd v Geduld
- Kilraine v Wandsworth London Borough Council
- Aspinall v MSI Mech Forge Ltd
- Fecitt v NHS Manchester
- section 103A Employment Rights Act
- section 98 Employment Rights Act
- British Home Stores Ltd v Burchell
- band of reasonable responses
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
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