E.T. Z (WR) EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4109429/2021 (V) Held on October 2021 Employment Judge J M Hendry Miss Y Fraser v Not Present Highland Council — 2021

This was a preliminary hearing on the respondent's strike-out application, held in the claimant's absence after her postponement request was refused. The tribunal proceeded under Rule 47, having taken account of the history of listing, the claimant's availability form, her late request to move the hearing, and the absence of any good reason for postponement.

The age and sex discrimination claims were struck out under the strike-out jurisdiction because the pleadings did not identify primary facts from which discrimination could properly be inferred. The tribunal held that a difference in treatment, without more, was not enough, and relied on Madarassy v Nomura International Plc in concluding that there was no pleaded "something more" to support either discrimination claim. It treated the case as one of the rare instances in which strike-out of discrimination claims was appropriate.

The remaining dismissal allegations were not struck out. The tribunal noted that the claimant lacked the two years' service needed for ordinary unfair dismissal, but her case referred to health and safety concerns, protected disclosures, and possible reliance on s.100 or s.103A ERA 1996. Although the pleading was unclear, the tribunal was not satisfied that the claims had no reasonable prospect of success at that stage. It ordered Better and Further Particulars within 14 days, including clarification of the statutory basis and the alleged disclosures, and said it would then consider any deposit order if still pursued.