Ed Kemp has successfully defended Wymondham College from a whistleblowing dismissal claim pursued by its former director of E-learning.
Mr Ali alleged that the reason or principal reason for his dismissal was one of four alleged protected disclosures said to relate to alleged cheating in GCSE and A-level coursework in the ICT/ CS department at the College. The College denied that cheating took place and maintained that the reason for Mr Ali’s dismissal was because of a serious breakdown in working relationships between staff in the department caused by his own behaviour.
By a Reserved Judgment sent to the parties yesterday, the Tribunal dismissed Mr. Ali’s claim.
The Tribunal found that only two of the four disclosures relied upon were protected and it concluded that “the disclosures were not anywhere near being the principal reason for the Claimant’s dismissal. The principal reason for his dismissal was the serious lack of function in the department and the total breakdown in relationships… the Claimant was found to be largely to blame for this situation”. The Tribunal went on to find that the College’s Principal had no choice but to dismiss Mr Ali because “the department was in meltdown”.
Follow this LINK to the Reserved Judgment and Reasons of the Employment Tribunal.
The case attracted widespread media coverage and was reported in the Telegraph, the Daily Mail and the Times.
Ed Kemp was instructed by Tom Sharpe at Birketts LLP.