Court of Appeal holds constructive dismissal claim not barred by judicial proceedings immunity

Heather Williams QC and Althea Brown, instructed by Bindman & Partners, represented the claimant in Singh v Governing Body of Moorlands Primary School, a successful appeal to the Court of Appeal against the decisions of the Employment Tribunal and Employment Appeal Tribunal to strike out the “last straw” allegation she relied upon in support of her claim for constructive unfair dismissal and discriminatory dismissal.

 

Mrs Singh had sued her employers for discrimination when she was still in post as a primary school head teacher.  Following service of witness statements in those proceedings, she concluded that her employers had improperly pressurised a fellow employee who had been supportive of her up to then, to change her account to one that assisted the respondent in defending the case.  She felt that her employer’s act was  the “last straw” in terms of the destruction of the parties’ relationship of trust and confidence and she resigned claiming constructive dismissal.

 

The Court of Appeal rejected the argument that had found favour below, that because the allegation concerned the respondents’ conduct of litigation, it was precluded by judicial proceedings immunity.  The Court held that the allegation fell outside the immunity as it was not a claim founded upon evidence given in proceedings, but one that was based on the free-standing antecedent act of the employer allegedly suborning a witness.  Further, the damage caused by that act was the destruction of the employment relationship, not the outcome of the (still ongoing) Tribunal litigation.

« Back to listing

About cookies on our website

Following a revised EU directive on website cookies, each company based, or doing business, in the EU is required to notify users about the cookies used on their website.

Our site uses cookies to improve your experience of certain areas of the site and to allow the use of specific functionality like social media page sharing. You may delete and block all cookies from this site, but as a result parts of the site may not work as intended.

To find out more about what cookies are, which cookies we use on this website and how to delete and block cookies, please see our Which cookies we use page.

Click on the button below to accept the use of cookies on this website (this will prevent the dialogue box from appearing on future visits)