In person For the v Ms K Sherratt, Solicitor — 2020

At the closed telephone preliminary hearing on 2 December 2020 before Employment Judge P Britton sitting alone, the claimant confirmed that he was no longer pursuing the sex discrimination claim. The tribunal therefore formally dismissed that claim upon withdrawal. The remaining claims were identified as constructive unfair dismissal and disability discrimination, and the hearing was used to give case management directions rather than determine liability on those claims.

The judge recorded a provisional view that, on the information then available, the claimant was likely to be a disabled person for Equality Act purposes because of depression and ongoing treatment, but emphasised that the respondent was entitled to see medical records and that further evidence was needed. The tribunal discussed the pleaded theories under section 15, sections 20 to 22 and section 26 of the Equality Act 2010, together with constructive dismissal under section 95 of the Employment Rights Act 1996 and the implied term of trust and confidence. No compensation was assessed at this hearing; instead, the claimant was directed to provide an impact statement, medical records, further particulars and a redrafted schedule of loss.