In person For the v Mr B Gill - counsel — 2019

At the preliminary hearing on 9 September 2019 in Bristol, Employment Judge O'Rourke dealt with Mr B Smart's constructive unfair dismissal claim against On Direct Business Services Ltd t/a Cloud Direct. The claimant applied for strike out or a deposit order and said the respondent had not complied with earlier disclosure directions. The tribunal refused the strike-out/deposit application, noting that no evidence had yet been heard, that any alleged breaches would still have to be proved and shown to be fundamental, and that the remaining elements of the constructive unfair dismissal claim would have to be determined at the final hearing.

The tribunal also recorded that the respondent's response was poorly drafted and ordered it to set out its position more clearly. On disclosure, it ordered the respondent within seven days either to provide unredacted versions of the disputed documents or to explain the redactions. It treated some wider disclosure requests, including requests about draft settlement agreements with other employees and a request for an expert report on alleged discrepancies in the native email file for the 3 September 2018 email, as disproportionate or not relevant to the resignation decision.

The tribunal noted that the claimant had not seen the 3 September 2018 email at the time he resigned, so later arguments about whether that email was a mistake did not affect the reason for resignation. The matter remained listed for final hearing on 11 to 14 November 2019.