Claimant v Harrison Catering Services Ltd — 2017

At the preliminary hearing on 7 September 2017 before Employment Judge K Andrews, sitting alone by telephone, the tribunal recorded that the disability discrimination claim was dismissed on withdrawal. The judgment does not contain any merits findings on that claim, only the procedural disposal.

The note of case management discussion records the remaining claim as unfair dismissal. The respondent admitted dismissal but said the reason was primarily conduct, arising from an accumulation of disciplinary warnings, or alternatively capability. The claimant said there was no potentially fair reason for dismissal, that a new manager disliked her and had manufactured a case against her, and that the previous final written warning had not been given in good faith.

The tribunal listed the issues for the later hearing and noted that, if there was a potentially fair reason for the dismissal, the issues under each heading were non-controversial. It also directed that the merits hearing would take place on 12 March 2018 and noted that the listing allowed for liability and general remedy issues, including Polkey, contributory fault and application of the ACAS code.