EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4103605/2022 Preliminary Hearing Held at Edinburgh on April 2023 Employment Judge: M A Macleod v Represented by Ms K Sutherland Solicitor and 1 other — 2023

The claimant did not attend the preliminary hearing on 26 April 2023. The tribunal considered Rule 47 of the Employment Tribunals Rules 2013, but decided to proceed in his absence rather than dismiss the case immediately for non-attendance. It then heard the respondents' application for strike out under Rule 37(1)(a) and (b).

The tribunal found that the claimant's further and better particulars did not give fair notice of the case. It said the whistleblowing detriment claim under s47B ERA 1996 did not identify the detriments relied on; the disability discrimination claims under ss13, 15 and 20/21 EqA 2010 were confused and did not clearly identify the unfavourable treatment or any PCP; and the direct, indirect, harassment and victimisation complaints were pleaded by repeating the same answers across disability, age, race, religion and sex without explaining how each characteristic was engaged.

The tribunal also held that the breach of contract complaint about mutual dignity, respect and trust and the modern slavery complaint, including the allegation about working at other nurseries, had already been ruled out in case 4101091/2022 and were outside its jurisdiction. The unlawful deduction claim had also been pursued in that earlier case, and the tribunal held that it could not competently proceed against the second and third respondents as individuals. Taking the repetition of claims already determined, the failure to attend, and the lack of clear specification together, the tribunal concluded that a fair trial was no longer possible and struck out the claims in their entirety under Rule 37(1)(a) and (b).