Case 8000138/2022 · Employment Tribunal
Held in chambers at Glasgow on February 2023 Case Number: 8000138/2022 Miss M Kelly v Alpha Solway Limited — 2023
- Case reference
- 8000138/2022
- Decision date
- 27 February 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge Ian McPherson
- Venue
- chambers at Glasgow
Parties
2 namedClaimant
Held in chambers at Glasgow on February 2023 Case Number: 8000138/2022 Miss M Kelly
Respondent
Key findings
Tribunal's reasoningThe claimant presented a claim on 8 November 2022 alleging unfair dismissal and discrimination on the grounds of sex, including allegations described in the judgment as sexism and bullying. The respondents defended the claim by ET3 lodged on 8 December 2022 and denied unfair dismissal and unlawful discrimination.
At a preliminary hearing on 11 January 2023, the claimant withdrew the unfair dismissal head of claim, and the tribunal dismissed that part of the case under Rule 52. The tribunal then proceeded only with the sex discrimination claim. It recorded that the remaining claim was listed for a further preliminary hearing on strike out and time bar on 16 March 2023, and that case management orders were made for that purpose.
The tribunal ordered the claimant to provide additional information, including a witness statement and further particulars of the direct sex discrimination complaint, by 1 February 2023. The claimant did not comply by that date or at all. After the respondents' solicitor applied for an Unless Order on 6 February 2023, the tribunal ordered compliance again on 8 February 2023, then extended the time further by letters sent on 9 and 14 February 2023, and finally gave the claimant until 4 pm on 23 February 2023, warning that strike out under Rule 37 would be proposed if she still did not comply.
The claimant did not provide written reasons by 23 February 2023 and did not request a hearing to explain why her claim should not be struck out. The tribunal held that she had failed to give an acceptable reason why a Rule 37 judgment should not be made, and struck out the remaining claim for failure to actively pursue it and for failure to comply with tribunal orders. The listed preliminary hearing on 16 March 2023 was cancelled, and the case was brought to an end.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claimant withdrew this head of claim at the preliminary hearing on 11 January 2023, and the tribunal dismissed it under Rule 52; the judgment records both the withdrawal and the dismissal. | Dismissed | — | — |
| Sex discrimination | The tribunal struck out the remaining sex discrimination claim under Rule 37 on the grounds that it had not been actively pursued and for failure to comply with tribunal orders. | Struck out | Sex | — |
Legal tests applied
4 references- Rule 52
- Rule 37(1)(d)
- Rule 37(1)(c)
- Rule 38
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
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