Mrs K Thomson v – Solicitor Dalziel Limited — 2021

At the preliminary hearing on 8 January 2021 before Employment Judge Peter O’Donnell, the claimant was represented by Mr Brown and the respondent by Mr Philp. The claimant brought complaints of constructive unfair dismissal and sex discrimination. At the outset of the hearing, Mr Brown withdrew the sex discrimination claim, and the tribunal dismissed that claim under Rule 52 of the Rules of Procedure.

The tribunal did not determine the merits of the constructive unfair dismissal complaint at this stage. Instead, it recorded that further specification was needed of the alleged acts or omissions relied on, when and how they occurred, any witnesses, the final straw said to amount to a material breach, and the basis of the complaint said to have been made to a "Superior". It also directed the claimant to provide a copy of any written holiday request said to have been refused in January 2020, or alternatively to specify when, to whom and how the request was made.

The tribunal noted that the respondent raised no jurisdictional issue. It directed the claimant to provide a preliminary schedule of loss and a preliminary schedule of mitigation, ordered a joint bundle, and listed a further telephone preliminary hearing for 10 March 2021 to deal with listing the final hearing, witnesses, the length and format of the hearing, and other case management matters.