Head teacher's discrimination and whistleblowing claims survive strike-out bid
An employment tribunal has refused to strike out most claims brought by a former head teacher against Darul Uloom Al Arabiya Al Islamia, including allegations of disability discrimination and whistleblowing detriment. However, the reasonable adjustments claim was ordered to be subject to a deposit order hearing.
2 min read · Last updated 18 May 2026
Case details
Key facts
- The claimant worked as a Head Teacher and later Principal at the respondent school.
- The claimant went off sick in March 2020 and was dismissed in March 2021.
- The claimant alleges disability discrimination, public interest disclosure detriments, and unfair dismissal.
- The respondents applied to strike out or for a deposit order on several grounds.
- The Tribunal refused to strike out most claims but found the reasonable adjustments claim had little prospect of success and ordered a deposit order hearing.
Timeline
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Health and safety disclosure
The claimant and senior leadership team raised concerns about the main prayer hall roof and health and safety breaches.
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Claimant went off sick
The claimant commenced sickness absence due to stress, anxiety, and other conditions.
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Email about ill health
The claimant emailed the fourth respondent stating he was unwell with anxiety and stress.
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Pay stopped
From May 2020 the claimant was not paid, except for small amounts in December 2020 and January 2021.
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Protected disclosure
The claimant made a disclosure regarding the appointment of trustees.
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Dismissal
The claimant was dismissed for failing to attend a back to work interview and occupational health appointment.
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Claim presented
The claimant presented his original claim to the Employment Tribunal.
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Hearing (strike out application)
The Tribunal heard the respondents' application to strike out or for a deposit order.
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In chambers deliberation
The Tribunal deliberated in chambers on the application.
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Judgment issued
The Tribunal issued its reserved judgment, refusing to strike out most claims but ordering a deposit order hearing for the reasonable adjustments claim.
The legal issue
The tribunal had to decide whether the head teacher's claims for disability discrimination, whistleblowing detriment, and unfair dismissal should be struck out or made subject to a deposit order because they had no reasonable prospect of success or little reasonable prospect of success.
The outcome
The tribunal refused to strike out the majority of the head teacher's claims, including disability discrimination, public interest disclosure detriments, and unfair dismissal. The claims were considered to have reasonable prospects of success, with disputed facts requiring a full hearing.
However, the reasonable adjustments claim was found to have little reasonable prospect of success and was ordered to be subject to a deposit order hearing. The respondents' application for strike out was otherwise dismissed.
No compensation was awarded at this stage as the case continues.
Lessons & takeaways
- Tribunals are reluctant to strike out claims where there are disputed facts that can only be resolved at a full hearing.
- A claim will only be struck out if it has 'no reasonable prospect of success' – a high threshold that is not met simply because the claim is weak.
- If you are making a reasonable adjustments claim, ensure you have clearly identified the provision, criterion or practice that placed you at a substantial disadvantage.
- Employers should be aware that failing to engage with an employee's health issues can lead to viable discrimination claims.
What this case shows in practice
This case illustrates the high bar that respondents face when trying to strike out employment claims before a full hearing. The head teacher, who worked part-time at the Islamic school, brought multiple claims after being dismissed while on sick leave. The school argued that the claims had no reasonable prospect of success, but the tribunal disagreed for all but one element.
The tribunal emphasised that where there is a 'crucial core of disputed facts', as there was here, claims should not be struck out. The head teacher alleged that he was bullied after new trustees took over, and that his dismissal for failing to attend a back-to-work interview was a pretext. The school said he was dismissed for refusing a reasonable management instruction. These factual disputes meant the claims needed to be tested at a full hearing.
What the losing side could have done differently
The school's application to strike out most claims was unsuccessful, but it did succeed in having the reasonable adjustments claim sent to a deposit hearing. This suggests that the head teacher may have struggled to identify a specific provision, criterion or practice that placed him at a substantial disadvantage. For employees bringing similar claims, it is vital to be precise about what adjustments were needed and why.
The tribunal also noted that the head teacher's claim for disability discrimination relating to the failure to make reasonable adjustments had little reasonable prospect of success, possibly because he had not clearly linked his condition to a specific workplace barrier.
Why the result matters for similar claims
This decision reinforces that strike-out applications are not a shortcut for employers to avoid full hearings. Unless a claim is truly hopeless, tribunals will allow it to proceed. For employees, this means that even if your case has weaknesses, you may still get your day in court if there are disputed facts. However, the deposit order for the reasonable adjustments claim serves as a warning that weak claims can carry financial risks.
The case also highlights the importance of proper medical evidence and communication during sickness absence. The head teacher was off sick with stress and anxiety, and the school stopped his pay and later dismissed him. Tribunals will scrutinise whether employers have acted reasonably in such situations.
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