Miss L McKay First v Mr David Widdowfield Second Respondent: North of England Commissioning Support Unit PUBLIC PRELIMINARY HEARING BY CVP — 2021

This was a public preliminary hearing heard on 4 August 2021 before Employment Judge Johnson. The tribunal first determined status issues concerning the second respondent, North of England Commissioning Support Unit. It found that the claimant was not an employee within section 230 of the Employment Rights Act 1996, not a worker within section 230 of that Act, and not a worker within section 43K of the Employment Rights Act 1996.

On that basis, the tribunal held that the claimant's complaints against the second respondent of being subjected to detriment for making protected disclosures had no reasonable prospect of success and were struck out. The judgment does not record any monetary award or remedy for those complaints.

The tribunal also recorded that the claimant's claims against the first respondent, Mr David Widdowfield, would proceed. It directed that the claimant and first respondent be notified of a date and time for a private preliminary hearing by telephone, at which further case management orders would be made to ensure the case was fully prepared for final hearing.