Ms W A McKay v Spaldington Parish Council: 1806145/2018

EMPLOYMENT TRIBUNALS
Case No 1806145/2018
Ms W A McKayClaimantSpaldington Parish CouncilRespondent
T R Smith (JudgeMr A Mugliston (instructed by Counsel) for claimantMiss S Murphy (instructed by Solicitor) for respondentDate 13 January 2020

JUDGMENT

[1]The Claimant’s application for costs of and occasioned by a hearing listed for 10 October 2018 is not well founded and is dismissed.[2]The Claimant’s application for costs of and occasioned by an adjourned hearing listed for 29 January 2019 is not well founded and is dismissed.[3]By consent the Claimant is granted leave to amend her claim form to include a complaint of breach of contract (wrongful dismissal) in accordance with the draft lodged at the Tribunal on 23 November 2018.[4]The Claimant is granted leave to amend her claim form in accordance with the draft lodged at the Tribunal on 23 November 2018 to include a complaint of automatic unfair dismissal contrary to section 103A of the Employment Rights Act 1996.[5]The Claimant is granted leave to amend her claim form in accordance with the draft lodged at the Tribunal on 23 November 2018 to include a complaint of detriment contrary to section 47B Employment Rights Act 1996, the detriment being limited to that pleaded at paragraph 146 of the amended claim form namely her suspension from employment with the Respondent and the disciplinary process. For the avoidance of doubt any further allegations are not Case No: 1806145/2018 2 permitted to be pursued as separate claims of detriment although may amount to relevant background information to assist the Tribunal in determining the substantive claims.