Ms Charmaine Smith v Wellspring Care Services Ltd and 1 other — 2020

At this open preliminary hearing, the tribunal recorded that the claimant had withdrawn her whistleblowing claim in a typed case management agenda and later emails. It held that the withdrawal was unequivocal, applied Rule 51 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 and Khan v Heywood and Middleton Primary Care Trust, and concluded that the whistleblowing claim had ended and could not be reactivated. The tribunal declined to make a judgment dismissing that claim under Rule 52.

The claimant said the marriage/civil partnership box in the ET1 had been ticked in error and that the intended discrimination claim was sex discrimination. The tribunal allowed an amendment to include sex discrimination, describing the change as a relabelling exercise and noting that the respondents were prepared to deal with the additional allegations. It also recorded that the marriage/civil partnership discrimination claims were dismissed upon withdrawal.

On notice pay, the tribunal rejected the respondents' position that the claimant had terminated her employment by her own conduct after absence on 1 and 2 April 2019. It found that one or two days' absence could not reasonably be treated as resignation, concluded that the claimant had been dismissed, and awarded £425 for one week's notice. The tribunal did not finally determine the holiday pay, overtime, pay for 21 and 22 March 2019, or expenses issues at this hearing, leaving them for the full merits hearing or further response.