Case 1401254/2024 · Employment Tribunal
Miss S McKenna v Miss L Murphy — 2025
- Case reference
- 1401254/2024
- Decision date
- 8 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Volkmer Representation
- Venue
- Exeter
Parties
2 namedClaimant
Miss S McKenna
Respondent
Key findings
Tribunal's reasoningThe claimant had brought complaints listed as unfair dismissal, whistleblowing detriment, whistleblowing dismissal, direct disability discrimination, direct sexual orientation discrimination, harassment related to disability, and harassment related to sexual orientation. At a preliminary hearing on 27 March 2025, the ordinary unfair dismissal complaint was dismissed upon withdrawal.
The Tribunal found that the claimant had repeatedly failed to comply with case management orders concerning disclosure, the final hearing bundle, and exchange of witness statements, and had stopped corresponding with the respondent about preparation for the hearing. Neither party attended the strike out hearing on 8 September 2025.
The Tribunal concluded that the thresholds under Rule 38(c) and Rule 38(d) of the Employment Tribunal Rules of Procedure 2024 were met, that there was a significant risk that a fair trial could no longer take place, and that it was proportionate to strike out the claim.
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Ordinary unfair dismissal was dismissed upon withdrawal at the preliminary hearing on 27 March 2025. | Withdrawn | — | — |
| Whistleblowing | The List of Issues recorded whistleblowing detriment and whistleblowing dismissal complaints. The remaining claim was struck out for non-compliance with orders and failure to actively pursue the claim. | Struck out | — | — |
| Disability discrimination | The List of Issues recorded direct disability discrimination. The remaining claim was struck out for non-compliance with orders and failure to actively pursue the claim. | Struck out | Disability | — |
| Sexual orientation discrimination | The List of Issues recorded direct sexual orientation discrimination. The remaining claim was struck out for non-compliance with orders and failure to actively pursue the claim. | Struck out | Sexual orientation | — |
| Harassment | The List of Issues recorded harassment related to disability. The remaining claim was struck out for non-compliance with orders and failure to actively pursue the claim. | Struck out | Disability | — |
| Harassment | The List of Issues recorded harassment related to sexual orientation. The remaining claim was struck out for non-compliance with orders and failure to actively pursue the claim. |
Legal tests applied
5 references- Rule 38 Employment Tribunal Rules of Procedure 2024
- Evans and anor v Commissioner of Police of the Metropolis 1993 ICR 151
- Birkett v James 1978 AC 297
- Leeks v University College London Hospitals NHS Foundation Trust 2024 EAT 134
- overriding objective
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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