Annette Edwards v GS Associates (Scotland) Limited and 1 other — 2022

The claimant was employed by the first respondent as a cleaner from 11 July to 19 August 2022, working at a Marks & Spencer store under a cleaning services contract between the respondents. She resigned after raising health and safety concerns and later brought claims described as wrongful dismissal, health and safety, and whistleblowing or protected disclosure matters.

At the preliminary hearing, the claimant confirmed that the missing final wages had been paid in two instalments totalling £275.50 and that no further pay was due. The tribunal explained that it could not award compensation for upset in a notice pay claim, and that the claim appeared to be for breach of contract rather than wages.

The tribunal discussed the possible whistleblowing and health and safety issues. It recorded that the claimant was not alleging detrimental treatment because of raising health and safety concerns, and that although the matters she described might in other circumstances raise issues such as constructive unfair dismissal or automatically unfair dismissal linked to health and safety or whistleblowing, those claims did not arise on the facts as clarified. The claimant confirmed she was not bringing a discrimination claim.

The claimant withdrew the claims against the first respondent, which were dismissed on withdrawal. The claims against the second respondent were struck out because the second respondent was not the claimant's employer and, in the circumstances, the claims against it had no reasonable prospect of success.