Miss V Suvalicova v Deepak Mittal and J Swire and Sons Chemists: 1800495/2017
JUDGMENT
The claims of automatic unfair dismissal and detriment because of having made a public interest disclosure are dismissed upon withdrawal. The claims of sexual harassment and breach of contract are struck out as having no reasonable prospect of success. The claims of sex discrimination are amended to claims under section 18 of the Equality Act 2010.REASONS
[1]The claims of Public Interest Disclosure detriment and dismissal were withdrawn.[2]The claims of sexual harassment and breach of contract are not pleaded in a way which, even with the claimant’s further explanations, can sensibly be responded to or appear to have any prospect of success. The claimant’s solicitors, knowing that this hearing would consider striking out some of the claims have, nevertheless failed to explain which of the complaints set out in the claim form at paragraph 12 relate to which of the 10.2 Judgment - rule 61 March 2017 Case No: 1800495/2017 matters set out in the brief narrative contained in the preceding 11 paragraphs. The claim of breach of contract is not even repeated in the body of the particulars, let alone explained. The complaint of harassment might or might not refer to a variety of possible incidents and the claimant, entirely unde4rsyandably could shed no light.[3]The claims of sex discrimination, with the claimant’s further explanations, are best understood as complaints of detrimental treatment because of pregnancy and accordingly amended.[4]Reference is made to the narrative in the case management order.