|Jennifer Andrews v Bryson Charitable Group  NICA 26
For the full judgment click HERE
The litigant in person was employed by the Respondent as a Senior HR officer and Interim Assistant Director to cover a period of maternity leave under a fixed-term contract.
The Claimant’s case was that despite invoking the WhistleBlower Policy and Procedure she was not protected or fairly treated through the Managing Grievance Process.
The tribunal found that although she had raised public interest disclosures she had failed to establish a prima facie case of detriment or less favourable treatment and that as a result there was no onus for the Respondent to provide an explanation.
The claimant appealed the decision on the basis that she did not receive a fair hearing given that her request for a Mckenzie Friend was denied by the tribunal and that the attendance of law students had turned the hearing into a “spectator event” for their benefit. She also raised issues with the bundles, not being permitted to question the Respondent and stated that the Tribunal was weighted towards the Respondent, which she found “grossly intimidating” and directly “impacted [her] ability to deliver key arguments.”
The Court of Appeal allowed the appeal. The case was remitted back to the Tribunal for rehearing.