Case 2500888/2024 · Employment Tribunal
F Elliott v Coquet Trust RECORD OF A PRELIMINARY HEARING — 2023
- Case reference
- 2500888/2024
- Decision date
- 2 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Aspden Appearances
Parties
2 namedClaimant
F Elliott
Key findings
Tribunal's reasoningAt a preliminary hearing in Newcastle on 6 December 2024 before Employment Judge Aspden, the tribunal considered strike out applications in F Elliott’s claims against Coquet Trust. It struck out the claimant’s automatic unfair dismissal claim, brought under section 104 of the Employment Rights Act 1996, because it had no reasonable prospect of success.
The tribunal also struck out the direct sexual orientation discrimination claim under the Equality Act 2010. The record identifies the allegation underlying that claim as an assertion about the CEO walking up stairs in a short skirt on 27 November 2023, and records that the claim likewise had no reasonable prospect of success.
The complaint of breach of contract concerning being turned away from a shift on a Monday in October 2023 was not struck out. The order therefore preserves that complaint for дальнейшее determination on the merits. The record also notes that reasons were given orally at the hearing and that written reasons would not be provided unless requested within 14 days.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out because it had no reasonable prospect of success; the claim was that the claimant was automatically unfairly dismissed for asserting a statutory right under section 104 of the Employment Rights Act 1996. | Struck out | — | — |
| Sexual orientation discrimination | Struck out because it had no reasonable prospect of success; the claim was direct sexual orientation discrimination based on an allegation about the CEO walking up stairs in a short skirt on 27 November 2023. | Struck out | Sexual orientation | — |
| Breach of contract | The complaint concerning being turned away from a shift on a Monday in October 2023 was not struck out at this preliminary hearing; the merits were not determined. | Other | — | — |
Legal tests applied
2 references- no reasonable prospect of success
- section 104 Employment Rights Act 1996
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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