Head Sports Physiotherapist succeeds in sex and pregnancy discrimination, whistleblowing, and victimisation claims against Barnet Football Club

The Claimant raised complaints against a manager in the Club. Barnet FC investigated and, despite the investigation raising that another female member of staff perceived discriminatory treatment against young women from the same manager, did not uphold the Claimant’s grievance nor her subsequent appeal. The Tribunal held that the Claimant was subject to sex discrimination as the Club’s findings were not reasonably open to them in light of the material gathered during the investigation. In the process of raising her grievance, the Claimant was subject to victimisation and detriment by Barnet FC’s legal advisors who informed her that she was now being investigated for her performance and her conduct. The Claimant was also denied the adjustment of having her partner present during her grievance appeal meeting, constituting unfavourable treatment on the grounds of the Claimant having been on maternity leave.  

Furthermore, the Claimant made a qualifying disclosure in the public interest regarding breach of players’ medical confidentiality. She was subject to detriment for making this disclosure.

The ET held that the Claimant was entitled to consider herself constructively dismissed, and that said dismissal was automatically unfair and in breach of her contract of employment. 

The Claimant was represented by Lameesa Iqbal, instructed by Chris Weaver and Kim Crangle of Payne Hicks Beach Solicitors.