Case 4105748/2016 · Employment Tribunal
(in chambers) Mr John Ross Hamilton v Scottish Prison Service — 2017
- Case reference
- 4105748/2016
- Decision date
- 28 March 2017
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
- Venue
- Glasgow
Parties
2 namedClaimant
(in chambers) Mr John Ross Hamilton
Respondent
Key findings
Tribunal's reasoningAt the case management preliminary hearing in chambers on 22 March 2017, the tribunal dealt with the part of the claim pleaded as breach of contract / wrongful dismissal. The claimant's solicitor wrote on 17 March 2017 stating that the claimant withdrew that claim, and the tribunal treated the statement as a withdrawal under Rule 51.
The tribunal then issued a Rule 52 judgment dismissing the wrongful dismissal claim. The judgment records that this means the claimant may not bring a further complaint against the respondents raising the same, or substantially the same, wrongful dismissal complaint arising from the termination of employment effective on 16 September 2016.
The judgment expressly left the remaining claims standing. The claims for unfair dismissal, unlawful disability discrimination, and unlawful deduction from wages were to proceed to the further preliminary hearing listed for 4 May 2017.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | The claimant's solicitor stated that the wrongful dismissal claim was withdrawn. The tribunal treated that as a withdrawal under Rule 51 and then issued a Rule 52 judgment dismissing that part of the claim. | Dismissed | — | — |
Legal tests applied
2 references- Rule 51 withdrawal
- Rule 52 judgment
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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.