Mr G Imrie v Represented by: S Healey– Solicitor Right Track Scotland Ltd — 2019

This was a preliminary hearing focused on Right Track Scotland Ltd's res judicata challenge. No witness evidence was led; the tribunal relied on the documentary record and the Court of Session papers. It found that the Court of Session action had settled extra-judicially and ended in a decree of absolvitor dated 27 October 2017, which could found a plea of res judicata.

The tribunal dismissed the disability discrimination claims under ss20 and 21, s15, and s19 of the Equality Act 2010. It held that the same factual matrix had already been litigated in the Court of Session action, including Mr Imrie's disability status and the loss and damage pleaded there, so those issues could not be re-adjudicated in the Employment Tribunal.

By contrast, the tribunal held that not all of the remaining tribunal claims were barred. The constructive unfair dismissal claim under s94 ERA 1996 could proceed only so far as it sought a basic award, a declaration of breach of s94, and a compensatory award limited to loss of statutory rights. The protected disclosure detriment claim under s47B ERA 1996 could proceed only for a declaration under s49(1)(a) and expenses reasonably incurred under s49(3)(a). The automatic unfair dismissal claim under s103A ERA 1996 could proceed only for a basic award and a compensatory award limited to loss of statutory rights.

The tribunal refused to strike out the claim under Rule 37 of the 2013 Rules. It directed that the surviving issues should proceed to a final hearing, with the reserved time-bar question from the 12 July 2019 judgment left for that hearing.