Mrs G Burrett v Triodos Bank NV — 2019

This judgment concerns the claimant's application for reconsideration of the tribunal's 18 January 2019 decision, in which her breach of duty of care claim about the provision of a reference had been struck out. The application was made within the Rule 71 time limit. The claimant argued that the tribunal had not determined the date of termination of employment and relied on Societe Generale, London Branch v Geys [2012] UKSC 63 to contend that her contract did not end until she consented to termination, which would place the relevant termination date after the reference given on 28 September 2018.

The tribunal explained that the earlier strike-out had rested on the basis that the reference was provided after the claim was presented on 10 September 2018, and after the employment termination date stated in that claim as 8 September 2018. It recorded that breach of contract claims fall within the tribunal's jurisdiction under the Extension of Jurisdiction Order 1994 if they arise out of or are outstanding on termination of employment. The judge noted that it would nevertheless be open to the tribunal to consider events after presentation of the claim as part of the existing proceedings, and that if the termination date were later than 28 September 2018 the tribunal might have jurisdiction to hear the claim about the reference.

The respondent did not comment on the reconsideration application. The parties were asked whether the issue could be determined without a hearing; the respondent consented to that course, while the claimant said a hearing was required. The judge concluded that there was enough material to decide the application without a further hearing.

In the interests of justice, the tribunal revoked the judgment so far as it struck out the claimant's breach of duty of care claim relating to the 28 September 2018 reference. It directed that the claim should be considered after the notice pay claim, because that claim would require a determination of the employment termination date. The case was to be listed for one day, and the parties were asked to cooperate with the earlier case management orders and agree new compliance dates where necessary.