Constructive Unfair Dismissal, Discrimination and Whistleblowing

The scenario

We acted for a public body in a claim brought by an employee for constructive unfair dismissal, indirect sex discrimination and detrimental treatment as a result of making a protected disclosure.

Our approach

We:

• provided detailed advice on the merits of the claim, as well as the merits of our client’s defence and provided a detailed case plan.
• drafted a sound response in defence of the claims.
• recommended a strategy in which a preliminary hearing was requested dealing with time limit issues and requesting that a deposit order be put on the constructive unfair dismissal claim on the basis that it had no reasonable prospect of success.
• instructed counsel and were successful on all fronts at the preliminary hearing resulting in the discrimination and unlawful detriment claims being struck out and a deposit order being put on the constructive dismissal claim.

The outcome

Following the indication at the preliminary hearing that the claimant’s remaining claim of constructive unfair dismissal was unlikely to succeed, the claimant dropped her remaining claim in the early stages of the case, saving considerable public money and staff time.

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