Ms Rashell Fordyce v Represented by: Mr F Marshall – Citizen’s Advice Service Church of Scotland — 2025

At the preliminary hearing on 12 March 2025, Employment Judge S MacLean considered the respondents' applications to strike out, or alternatively require deposits for, the unfair dismissal and victimisation claims. The judgment also recorded that the case included pregnancy/maternity discrimination and unauthorised deduction from wages claims, but those were not the subject of this application.

On the unfair dismissal claim, the tribunal referred to the claimant's 11 June 2024 email saying that her role had been reduced, issues had remained unresolved and opportunities had been denied, and asking whether she could be released from her employment. It also referred to later correspondence about a possible release from contract, maternity pay, holiday pay and a 15 July 2024 letter headed "Notice of Resignation" stating that agreement had been reached and that employment would terminate on 26 July 2024. The tribunal held that the claim should not be struck out at this stage because, even if the claimant resigned, there could still be a dismissal depending on the reason for that resignation, and the core facts needed to be heard in evidence.

On victimisation, the tribunal accepted that the claimant had now identified a December 2022 complaint that referred to comments she said were discriminatory. The judge said that this was just enough to meet the high threshold for strike out at this stage, because the reason why the claimant was treated as she was remained a core disputed fact. The tribunal stressed that the ruling was not an indication that the claim would succeed at final hearing.

The tribunal then refused deposit orders for both claims. It held that the unfair dismissal claim did not have only little reasonable prospect of success, and that the victimisation claim, while finely balanced and near the lower end of the range, did not justify a nominal deposit. The claimant's limited financial circumstances and the public interest in having discrimination claims heard on the evidence were material to the refusal. The claims were therefore left to proceed to the final hearing listed for 28 April to 2 May 2025.