Miss J Byrne v Go-Centric Ltd and Pursuit Marketing Ltd: 4110249/2021

EMPLOYMENT TRIBUNALS (SCOTLAND)

Case No 4110249/2021

Venue Glasgow

Hearing 26 January 2022 (Preliminary Hearing conducted remotely by telephone conference call)

Between

Miss Joanne ByrneClaimant

Go-Centric LimitedRespondent

Before

Employment Judge Ian McPherson

Mr John Lee (instructed by Solicitor) for claimant

Mr Joe Thornhill (instructed by Solicitor) for respondent

Mr David Reid (instructed by Solicitor) for respondent

Date 28 January 2022

JUDGMENT

(1) The claimant’s complaint of unfair dismissal by the respondents, contrary to Section 94 of the Employment Rights Act 1996, having been withdrawn by the claimant’s representative, at this Preliminary Hearing, in terms of Rule 51 of the Rules contained in Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013, it being accepted that the claimant does not have 2 year’s qualifying service to make such a Case No: 4110249/2021 (A) Page 2 complaint, as required by Section 108 of the Employment Rights Act 1996, that part of the claim against both respondents, as also any head of complaint alleging automatically unfair dismissal, as per her additional information provided on 26 October 2021, is dismissed by the Tribunal under Rule 52.

(2) The remaining parts of the claim brought by the claimant, complaining of failure to inform and consult under the TUPE Regulations 2006, and unlawful age discrimination by the respondents, contrary to the Equality Act 2010, are unaffected by this part-withdrawal, and those heads of complaint will proceed as separately ordered by the Tribunal, in a written Note and Orders issued under separate cover.