Case 2500866/2021 · Employment Tribunal
Miss M Willis v Morrison Data Services Limited — 2021
- Case reference
- 2500866/2021
- Decision date
- 15 December 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Arullendran Representation
- Venue
- Newcastle CFCTC
Parties
2 namedClaimant
Miss M Willis
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing on the respondent's applications to strike out the claimant's unfair dismissal and disability discrimination claims, or alternatively for a deposit order. The respondent accepted the claimant was disabled, but argued that the claims had no or little reasonable prospect of success and that the claimant's conduct of the proceedings had been unreasonable.
The tribunal found that the claimant disputed material facts about both the final written warning and the events leading to dismissal. Taking the claims at their highest and applying the authorities on strike out, the tribunal concluded that the disputes could only be resolved at a full merits hearing after evidence had been heard.
The tribunal also refused a deposit order, finding it was premature because the pleadings and issues had not yet been fully clarified. It accepted the claimant's explanations for missing two preliminary hearings, including the effect of her serious mental health disability and other personal circumstances, and found that a fair hearing remained possible.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal did not determine the merits of the unfair dismissal claim. It refused the respondent's applications for strike out and a deposit order, so the claim was to proceed to a full merits hearing. | Other | — | — |
| Disability discrimination | The tribunal did not determine the merits of the disability discrimination claim. It refused the respondent's applications for strike out and a deposit order, so the claim was to proceed to a full merits hearing. | Other | Disability | — |
Legal tests applied
11 references- Rule 37 Employment Tribunal Rules of Procedure
- Rule 39 Employment Tribunal Rules of Procedure
- overriding objective
- Anyanwu and anor v South Bank Student Union and anor
- Mbusia v Cygnet Healthcare Ltd
- Cox v Adecco
- Ezsias v North Glamorgan NHS Trust
- Balls v Downham Market High School and College
- Mechkarov v Citibank NA
- De Keyser Ltd v Wilson
- Blockbuster Entertainment Ltd v James
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.
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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