National Crime Agency

Case Summary

Four claimants employed by the National Crime Agency brought claims of sex discrimination, victimisation, harassment, disability discrimination, unlawful wage deductions, and constructive unfair dismissal. The tribunal heard extensive evidence over multiple days in March and April 2025 regarding alleged unequal distribution of on-call shifts, differential treatment, and retaliatory actions. All claims were dismissed as not well founded.

The tribunal accepted the respondent's evidence and submissions on the merits. The claimants failed to establish that they were treated less favourably because of their sex, that alleged detriments were causally linked to protected acts or disclosures, that there was unlawful conduct regarding on-call shift payments under the applicable policy, or that the respondent's actions in relation to a covert recording of disciplinary proceedings breached any implied contractual term.

• •Direct sex discrimination in distribution of work and on-call shifts
• •Victimisation following protected disclosures and protected acts
• •Harassment related to sex
• •Disability discrimination and reasonable adjustments
• •Unlawful deductions from wages for on-call shift payments
• •Constructive unfair dismissal
• •Public interest disclosure detriment following whistleblowing
• •Covert recording of disciplinary proceedings

Case No: 23010- 06/07/08/09/2023 23010- 31/32/33/34/ 2023 1403824/2023 1405761/2023 ---1--- EMPLOYMENT TRIBUNALS BETWEEN Claimant Respondent MS TURNER (C1) MR D SMITHERS (C2) MS V WILDE (C3) MS H GORDOS (C4) AND NATIONAL CRIME AGENCY JUDGMENT OF THE EMPLOYMENT TRIBUNAL HELD AT: BRISTOL ON: 17 TH / 18 TH / 19 TH / 20 TH / 24 TH / 25 TH / 26 TH / 27 TH / 28 TH / 31 ST MARCH / 1 ST / 2 ND / 3 RD / 4 TH / 7 TH / 8 TH / 9 TH 10 TH / 11 TH APRIL 2025 25 TH APRIL 2025 (CHAMBERS MEETING – TRIBUNAL ONLY) EMPLOYMENT JUDGE MR P CADNEY MEMBERS: MS D ENGLAND MS L FELLOWS APPEARANCES:- FOR THE CLAIMANTS:- MR D SMITHERS (C2- REPRESENTING ALL CLAIMANTS) FOR THE RESPONDENT:- MS K LORAINE (COUNSEL) Case No: 23010- 06/07/08/09/2023 23010- 31/32/33/34/ 2023 1403824/2023 1405761/2023 ---2--- JUDGMENT The unanimous judgment of the tribunal is that:- First Claimant 1. The First Claimant’s claims of: i) Direct Sex Discrimination pursuant to s13 Equality Act 2010; ii) Victmisation pursuant to s27 Equality Act 2010; iii) Unlawful Deduction from wages pursuant to Part II Employment Rights Act 1996; Are not well founded and are dismissed. Second Claimant 2. The Second Claimant’s claims of: i) Constructive Unfair Dismissal ii) Public Interest Disclosure Detriment; iii) Automatic Constructive Unfair Dismissal (s103A ERA 1996) iv) Victimisation pursuant to s27 Equality Act 2010 Are not well founded and are dismissed. Third Claimant 3. The Third Claimant’s claims of : i) Direct Sex Discrimination pursuant to s13 Equality Act 2010; ii) Harassment contrar…