BSCA Coaches Booth & Whitbread Win Employment Tribunal Case Against City Of Oxford S.C.
The landmark ruling also vindicated the British Swimming Coaches Association (BSCA) and the man who led the campaign for justice, Brian McGuinness. City of Oxford leaders had refused to meet the BSCA and allow it to represent the coaches
After three and a half years of turmoil and heartache, British coaches Amanda Booth & Fabian Whitbread won their fight against City of Oxford S.C. when an employment tribunal ruled them to have been unfairly and constructively dismissed.
The landmark ruling also vindicated the British Swimming Coaches Association (BSCA) and the man who led the campaign for justice, Brian McGuinness. City of Oxford leaders had refused to meet the BSCA and allow it to represent the coaches.
They were two of five professional coaches who, on April 5, 2021, resigned en masse from their positions at City of Oxford SC (COSC) following months of what they claimed was interference, undermining & micromanagement manifesting itself as bullying, harassment and dictatorial behaviour from the Club Committee, in particular the Club Chair, Nicola Brown.
Initially all five coaches lodged claims for Constructive Dismissal at the Employment Tribunal, assisted by the BSCA and their legal support package but only two saw this through for various reasons: Booth and Whitbread had their claims heard over several months at the Reading Employment Tribunal earlier this year.
A key issue during events of 2020 & 2021, was the Club Officers at COSC, unwillingness to accept the BSCA and their Executive Director, Brian McGuinness, as a spokesperson for coaches as part of their collective grievance. The tribunal gave a clear view on that in its ruling: the club was wrong. As the tribunal out it: "There was no good reason why the respondent refused to deal with Mr McGuinness ..." (see full quote below).
In both the cases the conclusion of the Tribunal was (we paraphrase here) that the claimants (coaches) were dismissed and that the COSC had failed to show that they had been dismissed for a potentially fair reason and therefore they have been unfairly dismissed by reason of section 98 of Employment Rights Act 1996.
Here is a summary of the key judgments contained in a reserved judgment of the Employment Tribunal (pending a remedy hearing on 9-10 December 2024 at Reading Tribunal Hearing Centre)
- First Claimant - Amanda Booth
- Second Claimant - Fabian Whitbread
- The first claimant’s complaint of unfair dismissal is well founded, the claimant
was unfairly dismissed because she made protected disclosures. - The first claimant was wrongfully dismissed.
- The first claimant was subjected to detriments because of making protected
disclosures, namely suspension from membership of the City of Oxford
Swimming Club and exclusion from the Special General Meeting on 1 April - The second claimant’s complaint of unfair dismissal is well founded, the
claimant was unfairly dismissed because he made a protected disclosure. - The second claimant was subjected to detriments because of making a
protected disclosure, namely suspension from membership of the City of
Oxford Swimming Club and exclusion from the Special General Meeting on 1
April 2021. - A remedy hearing shall take place on 9 and 10 December 2024 at Reading
Tribunal Hearing Centre.
The BSCA
Opinion underpinning the ruling included this important signposts for all clubs in future, namely that acknowledging and enabling the British Swimming Coaches Association to represent its member in disputes is not only the right and constructive thing to do but is highly advisable:
The position adopted by the Nicola Brown and the committee in refusing to consider the claimants’ collective grievance or correspond with Mr McGuinness or allow the claimants to attend the SGM were all actions born out of the break down in the relationship and the power struggle between the first claimant and the
committee. The allegations against the claimants were not gross misconduct. They had simply sent an email to members of the club about matters relating to the club using club email. There was no real concern about harm to any children by any one on the committee yet the committee chose to gaslight the coaches during the SGM by making enigmatic references to safeguarding concerns. There was no reason why, if acting in good faith, the respondent could not have considered the collective grievance. There was no good reason why the respondent refused to deal with Mr McGuiness he was not problematic, he was acquainted with the issues and while not a Union official per se, he was a from a representative body to which the coaches were members and the first claimant as part of her contract of employment was effectively required to be a member. If the respondent was acting in good faith with the coaches there could be no reason for preventing them from being able to attend the SGM and put forward their version of events, however suspension of the claimants and other coaches was deliberately intended to act as a device to silence the coaches.
THE JUDGEMENT IN FULL
Speaking through the BSCA, a delighted Amanda Booth said:
“It is so good that this Employment Tribunal judgement finally vindicates us as coaches and the BSCA. I hope this gives other coaches the inspiration and courage to stand up and fight for justice. I am so grateful for all the support I have had from my legal team, friends & family and of course Brian and the BSCA who have stuck by me throughout.” She goes on to say, “ This was only possible because of my membership of the BSCA. I cannot stress how importance it is for coaches to be part of this unique organisation."
Coaches can join the BSCA here
The BSCA's take on the story back in April 2021
The decision is vindication for the coaches after this woeful saga unfolded:
April 4, 2021:
Craig Lord
And vindication for the BSCA and its executive director Brian McGuinness, who penned the following insightful commentary at the time of the 2021 crisis:
April 8, 2021:
Craig Lord
Let those dates soak in: April 2021. It's now November 2024 and the coaches now vindicated have endured a torrent time in which they have had to balance the demands of legal procedures and the work they found beyond the club they'd done so much to help build before the sorry events set out in the tribunal ruling came to pass. SOS and guests will have more to say on all of that down the line.
