Landmark victory for Ladies' College in record number of employment claims and first victimisation case

Ogier has successfully represented Ladies' College in a landmark Guernsey Employment Tribunal case involving what is believed to be the largest number of employment and discrimination claims brought by a single employee against one employer in the jurisdiction.

Following a four-day hearing involving 18 witnesses, the Tribunal dismissed all claims brought against Ladies' College (the College). The judgment provides useful guidance for employers facing complex workplace disputes and highlights wider issues around the increasing use of artificial intelligence in tribunal proceedings. 

David Herschel v The Ladies' College, August 2026

David Herschel, a former Physics and Learning Support teacher at the College, resigned in May 2025 following a safeguarding investigation into allegations of inappropriate conduct whilst teaching. 

He subsequently brought a wide-ranging Employment Tribunal claim against the College, consisting of 10 separate complaints including constructive unfair dismissal, automatically unfair dismissal, disability discrimination (indirect, direct and discrimination arising from a disability), sex discrimination, victimisation and harassment. 

Rachel DeSanges of Ogier represented the College throughout the proceedings. 

Rachel says: “This is a landmark victory. It was a pleasure to represent the College, and the Tribunal’s verdict is well received.”  

Ogier’s Channel Islands Head of Employment and Immigration, Will Austin-Vautier, commented: "This is a great result for both the College who handled all issues raised with great care and commitment and for Rachel who demonstrated her usual levels of dedication and expertise in presenting a robust defence to all claims. The case highlights Ogier's adeptness at handling complex Tribunal litigation, and we are delighted to have been able to work with the College in this matter." 

Claims dismissed before hearing 

On the second day of the hearing, the Tribunal determined that three of Mr Herschel's complaints, indirect sex discrimination, failure to make reasonable adjustments and harassment, should be struck out for being brought out of time in circumstances where the additional claims involved the same respondent, the same facts and the same time periods as his "in-time" complaints.   

Mr Herschel maintained that he was too unwell to understand his position or to bring the additional claims in time. The Tribunal disagreed, finding that he was capable of taking steps to preserve his legal position at the relevant time and concluding there was no compelling reason to extend the deadline. 

The Tribunal also struck out Mr Herschel's request to name Principal Daniele Harford-Fox as a co-respondent and labelled the request as ‘vexatious’ finding that there was no legal basis for her to be personally named in the proceedings. 

Outcome of proceedings  

The remaining claims were heard in full and each was dismissed in its entirety by the three-person Tribunal panel.    

In relation to the constructive dismissal claim, the Tribunal found that the College had reasonable and proper cause for how it conducted and concluded Mr Herschel's safeguarding investigation. The College's actions, both in respect of historic matters that Mr Herschel raised and in respect of its actions immediately prior to his resignation, were not found to constitute a repudiatory breach of contract either separately or together. In any event, Mr Herschel was deemed to have affirmed his employment contract after the alleged breaches by delaying for 36 days and by commencing an appeal procedure before resigning.   

The disability-related discrimination claims also failed. The Tribunal found that the adjustments made by the College during Mr Herschel's sick leave were both a proportionate means of achieving a legitimate aim and that there was no evidence of less favourable treatment against an appropriate comparator. 

The direct sex discrimination claim also failed, with the Tribunal finding no evidence that a female employee in comparable circumstances would have been treated differently. In light of the findings in relation to Mr Herschel's discrimination complaints, his claims of automatically unfair dismissal (under sections 9A and 9B of the Employment Protection Law) fell away.  

Guernsey's first ever victimisation claim to reach the Tribunal also failed in its entirety primarily because the College's decision to exclude Mr Herschel from College premises was not caused by Herschel's protected acts. The Tribunal followed UK precedents cited by Rachel including Chief Constable of West Yorkshire Police v Khan [2001] ICR 1065. For a victimisation claim to succeed, the protected act (e.g. the issuing of a discrimination complaint) must be a material cause or the core reason for the detriment suffered. In this case the Tribunal agreed with the College's evidence that the decision to exclude Mr Herschel was materially caused by his conduct post his discrimination complaints (conduct that was reasonably believed to constitute unlawful harassment of staff members).      

AI and Employment Tribunal claims

The case also reflects a trend that Ogier's Employment team is seeing, with unrepresented claimants using AI tools to formulate their claims and even draft their pleadings.   

Rachel says, "the un-checked use of AI can lead to extremely lengthy and legally incorrect arguments being submitted to the Tribunal. It can also result in unrepresented claimants having hugely distorted ideas as regards the merits of their case and / or their entitlement to awards. The unfortunate result for all parties is that significant time and costs can be wasted in the process." 

How Ogier can help 

Ogier's Employment team advises employers on all aspects of the employment relationship, from workplace investigations and disciplinary processes through to discrimination claims and Employment Tribunal proceedings. 

The team works with organisations across a range of sectors to manage employment risk, resolve disputes and navigate complex workplace issues with confidence.