Mrs S Singh v Reading Borough Council and Governing Body of Moorlands Primary School
| Jurisdiction | UK Non-devolved |
| Judge | Mrs Justice Cox,Mr A Harris,Mr S Yeboah |
| Neutral Citation | UKEAT/0540/12/RN |
| Court | Employment Appeal Tribunal |
| Date | 12 February 2013 |
| Subject Matter | Practice,Procedure,Race Discrimination,Unfair Dismissal,Unfair Dismissal - Constructive dismissal,Not landmark |
| Published date | 21 November 2017 |
Copyright 2013
Appeal No. UKEAT/0540/12/RN
EMPLOYMENT APPEAL TRIBUNAL
FLEETBANK HOUSE, 2-6 SALISBURY SQUARE, LONDON, EC4Y 8JX
At the Tribunal
On 15 November 2012
Judgment handed down on 12 February 2013
Before
THE HONOURABLE MRS JUSTICE COX
MR A HARRIS
MR S YEBOAH
MRS S SINGH APPELLANT
READING BOROUGH COUNCIL &
GOVERNING BODY OF MOORLANDS PRIMARY SCHOOL RESPONDENTS
Transcript of Proceedings
JUDGMENT
UKEAT/0540/12/RN
APPEARANCES
For the Appellant MS HEATHER WILLIAMS
(One of Her Majesty’s Counsel)
&
MS ALTHEA BROWN
(of Counsel)
Instructed by:
Messrs Bindmans LLP
275 Grays Inn Road
London
WC1X 8QB
For the Respondents MR ROBIN ALLEN
(One of Her Majesty’s Counsel)
&
MS AKUA REINDORF
(of Counsel)
Instructed by:
Reading Borough Council
Legal & Democratic Services
Civic Centre
Reading
Berkshire
RG1 7AE
UKEAT/0540/12/RN
SUMMARY
UNFAIR DISMISSAL - Constructive unfair and discriminatory dismissal
RACE DISCRIMINATION
PRACTICE AND PROCEDURE - Judicial proceedings immunity
The Claimant headteacher is alleging in proceedings currently adjourned part-heard that she
was the victim of a concerted campaign of racial discrimination, harassment and victimisation,
pursued by parents, staff and governors at the school, and encouraged by senior employees of
the council, in order to remove her from her post.
Before the hearing began the Respondents served a witness statement from the School Business
Manager, who is to be called as a witness on their behalf. The Claimant alleges that the
statement contains lies as a result of improper pressure being put upon the witness by the
Respondents to make a statement unhelpful to the Claimant. The Claimant resigned from her
employment and her ET1 was amended to include claims of constructive dismissal.
The ET held on a PHR that the contents of this witness statement and the conduct connected
with its preparation attracted absolute judicial proceedings immunity; that the Claimant could
not rely upon this allegation in support of her complaints of constructive dismissal; and that the
offending paragraphs of her amended claim should be struck out, on the basis that there was no
jurisdiction to determine them.
On the Claimant’s appeal, on the basis that the ET erred in holding that the immunity applied in
these circumstances, the law relating to judicial proceedings immunity and its rationale was
considered in detail. On analysis the Tribunal’s reasoning and conclusions were held to be
correct. The appeal was therefore dismissed.
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