In person (by CVP) For the v Respondent — 2021

The claimant was employed by the respondent on 1 October 2018 and resigned on 9 December 2019, with an effective date of termination of 1 March 2020. She presented a claim form on 28 May 2020 alleging disability and race discrimination and a claim for other payments. The matter came before Employment Judge Alliott sitting alone at a remote preliminary hearing on 16 August 2021, with the claimant appearing in person by CVP and the respondent represented by counsel.

The claimant confirmed that she wished to withdraw her disability discrimination claim, which the tribunal dismissed upon withdrawal. The tribunal also struck out the breach of contract claim. The claimant said she had worked her contractual notice and had been paid, but had valued the claim at £9,000 on the basis that she should have been job-evaluated, promoted, and placed in a higher salary band. The judge found there was no concluded contract of employment at the higher rate of pay and that the claim had no reasonable prospect of success.

The tribunal struck out the race discrimination allegations concerning Mr Ernest Anyadioha and Mr Francis Creppy, treating them as having no reasonable prospect of success. The judgment records that the relevant complaints were contained in paragraphs 1 and 2 of the claimant's further information.

A separate section of the further information referred to whistleblowing detriment, but the judge held that the original claim form did not contain such a claim. The claimant was told that she would need to apply to amend if she wished to pursue it, and the judge referred to section 43B of the Employment Rights Act. No monetary award was made.