Three year wait for justice sees Amanda Booth & Fabian Whitbread have all concerns upheld and BSCA role vindicated in landmark ruling
On 5th April 2021, five professional coaches employed at that point by the City of Oxford SC (COSC), all resigned at once 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.
The full story was told at that time in https://gbswimcoaches.co.uk/the-oxford-experience/
Initially all 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, with the former Head Coach, Amanda Booth & Asst Coach Fabian Whitbread having 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. In their determination, the panel said the following, “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 (COSC) refused to deal with Mr. McGuinness. He was not problematic, he was acquainted with the issues and while not a Union official per se, he was 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.”
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.
The full reasons can be read HERE.
Amanda Booth was overjoyed at the result and said the following:
“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”.
