Miss Z Carter v Shield Safety Group Ltd — 2022

This judgment dealt only with part of Miss Z Carter's claim for damages for breach of contract. The tribunal said the affected part comprised the 18 allegations in the document headed 'Particularising Claims' and the table headed 'Failure of Process'. That part of the claim was struck out under Rule 37 of the Employment Tribunal Rules of Procedure.

The tribunal recorded that a case management order had been sent on 27 September 2022 and that the case management summary identified the alleged breaches of contract and the difficulty the claimant would face in showing that they caused recoverable loss. The claimant was given a strike-out warning and an opportunity to make representations or request a hearing, but on 8 October 2022 she emailed the tribunal saying that she would not be making representations to prevent this part of the claim being struck out.

The tribunal said the part of the claim therefore appeared not to be actively pursued. In any event, the claimant had not put forward any representation that it had a reasonable prospect of success, so that part of the claim was struck out. The judgment states that this does not affect the claimant's ability to pursue the remainder of her claim.

The tribunal also recorded that the claimant could still rely on the matters complained of as evidence of how the incident affected her in relation to the discrimination claim, and that the judgment would not affect the tribunal's assessment at the final hearing of what evidence is relevant. It also stated that the judgment did not affect the dates of any hearings.