School Detriment Case Remitted After Whistleblowing Appeal
The London Borough of Southwark and Evelina Hospital School lost an appeal in a whistleblowing case, with the case remitted to the original tribunal.
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Southwark Council and Evelina Hospital School Face Tribunal Remittal in Whistleblowing Case
The London Borough of Southwark and the Governing Body of Evelina Hospital School have faced a setback in an employment tribunal case involving Mr. Ayodele Martin, a former teacher. The Employment Appeal Tribunal (EAT) has largely dismissed their appeal, remitting the case back to the original employment tribunal for further consideration.
Mr. Martin initially brought claims of detrimental treatment after making protected disclosures – essentially, whistleblowing – regarding the school's adherence to regulations concerning “directed time” for teaching staff, as outlined in The School Teachers Pay and Conditions Document 2017. His initial claims were rejected in 2019, but a prior successful appeal led to a rehearing where some of his claims were upheld.
The Appeal and Cross-Appeal
The employers, London Borough of Southwark and Evelina Hospital School, appealed the successful detriment claims. Mr. Martin, in turn, cross-appealed one rejected detriment claim. Judge Stout presided over the appeal.
The EAT dismissed the school's appeal, finding no legal errors in the original tribunal's decision. However, Mr. Martin's cross-appeal succeeded. The EAT deemed it perverse for the original tribunal to not recognise a detriment regarding changes to school opening hours.
Key Issues in the Case
The case hinged on whether certain actions by the school constituted unlawful detriment as a result of Mr. Martin's disclosures. These actions included:
- Changes to school opening times.
- A "Notice of Concern" regarding Mr. Martin's performance.
- Delays in addressing a colleague's complaint against Mr. Martin.
- An email from the Deputy Head regarding student testing.
- The Deputy Head failing to remind Mr. Martin of a meeting.
- A statement at a Governing Body meeting referencing capability procedures.
The Tribunal's Findings and the EAT's Decision
While the EAT upheld several of the original tribunal's findings, it overturned the rejection of one specific detriment. The original tribunal had found that changing the school's opening hours was not a detriment to Mr. Martin, arguing it addressed his concerns about excess directed time. The EAT disagreed, stating that altering opening hours did not inherently address directed time concerns and that the original tribunal failed to consider the impact on Mr. Martin's ability to complete his work.
The EAT has remitted the case back to the original tribunal to reconsider the issue of causation – whether the change to school opening hours was materially influenced by Mr. Martin's protected disclosures.
Read the entire judgement here: The London Borough of Southwark & (2) The Governing Body of Evelina Hospital School v Mr Ayodele Martin [2025] EAT 60
