Mrs Rosaleen Habron v ALS Laboratories UK Ltd — 2021

This was a preliminary hearing before Employment Judge R S Drake sitting alone on 27 May 2021. The Claimant, Mrs Rosaleen Habron, brought an unfair dismissal claim against ALS Laboratories Ltd. The tribunal considered the claim form and response and focused on events following a redundancy dismissal notice given on 5 October 2020, when the Claimant was told that if a suitable vacancy emerged she would be given the opportunity to apply.

The tribunal accepted that during the notice period the Claimant had a Facebook Messenger exchange with her former line manager, Mrs Rachel McGrath, about a vacancy for another Quality Officer post in Rotherham. In that exchange the Claimant said, in response to the journey involved, that she did not really fancy it and then wrote, after being asked whether she was interested in the post, "So, no ... I now have 3 customers for cleaning!" The Claimant argued that the exchange was informal and not with someone authorised to discuss vacancies, but the tribunal found that Mrs McGrath was her immediate superior and, in law, an accredited representative of the Respondent.

Applying the ordinary objective meaning of the words used, the tribunal held that the exchange was nonetheless a discussion about a vacancy with someone who could properly be regarded as authorised to discuss it. It found the Claimant's words were clear and unequivocal as to her intention not to pursue the vacancy, so the Respondent was entitled to treat her as not wanting to be offered that role. The tribunal concluded that the claim had no reasonable prospect of success under Rule 37(1)(a), referred to Swain v Hillman on the need for a realistic rather than fanciful prospect of success, and said there was no conflict of evidence requiring a full hearing. It struck out the claim and stated that, for that reason, it had no alternative but to dismiss it.