Liliya Bashova v Sovrn UK Limited — 2021

This was a preliminary hearing before Employment Judge B. McKenna at London Central by CVP on 30 November 2021 in case 2207673/2020. The judgment was issued as a separate record from the main merits case and states that the hearing was in private. It does not determine the substantive employment claims pleaded in the case.

The tribunal refused the claimant's application to admit the fact and content of a "protected conversation" said to have taken place on 8 July 2020, together with documents evidencing subsequent negotiations, under s.111A of the Employment Rights Act 1996. The judgment records that those references are not admissible in evidence at the full merits hearing and are to be removed from the pleadings, evidence, and Tribunal file.

The tribunal also held that communications between the claimant and the ACAS conciliation officer in the performance of their functions are not admissible in evidence at the full merits hearing by operation of s.18(7) of the Employment Tribunals Act 1996, and directed that references to those communications be removed from the pleadings, evidence, and Tribunal file. Finally, the respondent was directed to provide an appropriately redacted copy of the Tribunal bundle, including redacted pleadings, to the Tribunal and the claimant by no later than 7 March 2022.