Case 4105623/2020 · Employment Tribunal
Ms M Mitchell v Geeza Break — 2021
- Case reference
- 4105623/2020
- Decision date
- 19 March 2021
- Jurisdiction
- Scotland
- Judge
- Employment Judge Kemp
Parties
2 namedClaimant
Ms M Mitchell
Respondent
Key findings
Tribunal's reasoningEmployment Judge Kemp struck out the parts of Ms M Mitchell's claim brought under section 94 of the Employment Rights Act 1996 and her breach of contract claim. The judgment states that both were struck out under rule 37 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 because they had no reasonable prospects of success.
The decision does not record any substantive liability findings on the merits of either claim. It is a procedural judgment only, and the effect was to remove the section 94 unfair dismissal claim and the breach of contract claim from the proceedings at that stage.
No monetary award was made in this judgment. The only recorded outcome is strike out of the two claims identified in the decision.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The part of the claim under section 94 of the Employment Rights Act 1996 was struck out under rule 37 because it had no reasonable prospects of success. | Struck out | — | — |
| Breach of contract | The breach of contract claim was struck out under rule 37 on the basis of no reasonable prospects of success. | Struck out | — | — |
Legal tests applied
1 reference- rule 37(1)(a) no reasonable prospects of success
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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