Mrs A C Juke v Quality Care Management Ltd (T/a Aquarius Nursing): 1402653/2021
JUDGMENT
[1]On application of the Respondent, the following allegations that form part of the Claimants claim of unfair constructive dismissal are struck out as follows: 1.1. any allegation or factual matter in relation to the claimant not being allowed to return to the post of senior healthcare worker, at any time, up to and including November 2018. 1.2. Any allegation or factual matter in respect of the respondent’s failure to support the claimant to develop her literacy skills, at any time, up to and including November 2018. 1.3. Any allegation or factual matter about the reason for the claimant being prevented from returning to work up to and including November 2018, being connected with an abuse allegation made against the claimant.[2]This means that Case Number: 1402653/2021 2.1. all the matters alleged from paragraph 5 to paragraph 10 in her particulars of claim are struck out and cannot be pursued as breach of contract or otherwise argued before the ET. 2.2. Paragraphs 5-18 of the document submitted by the claimant and titled reasons for resignation are therefore struck out.[3]The remainder of the claimant’s claim of constructive unfair dismissal will continue to be heard at a hearing listed for final hearing on the 16 and 17 January 2023.