Case 1806145/2018 · Employment Tribunal
Ms W A McKay v Spaldington Parish Council — 2018
- Case reference
- 1806145/2018
- Decision date
- 23 November 2018
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Ms W A McKay
Respondent
Key findings
Tribunal's reasoningAt the hearing in Hull on 1 March 2019 before Employment Judge T R Smith sitting alone, the tribunal dealt with costs applications and applications to amend the claim form rather than determining the substantive liability issues. It dismissed the claimant's applications for costs arising out of the hearing listed for 10 October 2018 and the adjourned hearing listed for 29 January 2019, recording that each was not well founded.
By consent, the tribunal granted leave to amend the claim form to include a complaint of breach of contract (wrongful dismissal) in accordance with the draft lodged on 23 November 2018. It also granted leave to amend the claim form to add a complaint of automatic unfair dismissal contrary to section 103A Employment Rights Act 1996.
The tribunal further granted leave to amend to include a detriment complaint contrary to section 47B Employment Rights Act 1996, but limited that claim to the claimant's suspension from employment and the disciplinary process. It stated that any further allegations were not permitted to be pursued as separate detriment claims, although they could be relied on as background information for the substantive claims. The written record also notes that reasons were given orally and that written reasons would only follow if requested.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Costs application relating to the hearing listed for 10 October 2018; the tribunal found it was not well founded and dismissed it. | Dismissed | — | — |
| Other | Costs application relating to the adjourned hearing listed for 29 January 2019; the tribunal found it was not well founded and dismissed it. | Dismissed | — | — |
| Breach of contract | By consent, leave was granted to amend the claim form to include a complaint of breach of contract (wrongful dismissal) in accordance with the draft lodged on 23 November 2018; this was a procedural amendment order, not a merits finding. | Upheld | — | — |
| Unfair dismissal | Leave was granted to amend the claim form to include a complaint of automatic unfair dismissal contrary to section 103A Employment Rights Act 1996; this was a procedural amendment order, not a merits finding. | Upheld | — | — |
| Whistleblowing | Leave was granted to amend the claim form to include a detriment complaint contrary to section 47B Employment Rights Act 1996, limited to the claimant's suspension from employment and the disciplinary process; further allegations were not permitted as separate detriment claims but could be used as background. | Upheld | — | — |
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
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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