Mr A Johnston - Counsel For the v Mr C Baran – Counsel — 2021

The claim form alleged unfair dismissal, wrongful dismissal and holiday pay, but this judgment decided only a preliminary issue under section 111A ERA 1996 about conversations on 6 May 2019. The tribunal set out the parties' relationship and the events leading up to the home visit, including Mr Homden's letters and calls while the claimant was in treatment, the funding of the Priory programme, and the later letter headed "Protected Conversation" sent on 10 May 2019.

The tribunal found that both conversations on 6 May 2019 were pre-termination negotiations within section 111A(2). It accepted that Mr Homden had effectively decided by then that the claimant would not return, but held that he did not act improperly under the ACAS Code: he did not say the claimant would definitely be dismissed if no agreement was reached, and stating that disciplinary proceedings would have to follow if settlement was not accepted fell within the Code's paragraph 19 caveat. The result was that the content, and the fact, of the 6 May conversations were inadmissible in the unfair dismissal proceedings, and the case was to be relisted for a final hearing.