Miss Elizabeth Digby v St Faith’s and 4 others — 2022

At a preliminary hearing on 10 October 2022 before Judge Brian Doyle sitting alone, the tribunal found that for the purposes of the claimant's claim the employer was the 2nd respondent, The Leys and St Faith's Schools Foundation. On that basis, the 1st, 3rd, 4th and 5th respondents were removed from the proceedings, or alternatively the claim against them was dismissed or struck out as having no reasonable prospect of success. The title of the proceedings was to be amended accordingly, and the claim was to continue only against the 2nd respondent.

The tribunal did not determine the merits of the underlying unfair dismissal or working time claims at this hearing. It recorded agreed case management directions: the final hearing remained listed for 10 days between 9 and 20 October 2023, the existing case management orders and timetable were suspended, and a Judicial Mediation was re-listed for 23 November 2022. The claimant was directed to provide an updated Schedule of Loss and both parties were to exchange short position statements by 16 November 2022. The claimant's application for written reasons for the judgment was granted.