Mrs T Wild v Sales Group Support and Others: 6006261/2024
JUDGMENT
[1]The Claimant’s claim that the Respondent was in breach of contract by breaking its own disciplinary process is struck outREASONS
[1]The Respondent applied on 25 March 2025 for a strike out of the Claimant’s claim under rule 38(a) that it has no reasonable prospect of success.[2]By a letter (undated) the Claimant responded to the application opposing it.[3]At a public preliminary hearing on 28 April 2025, the Respondent and Claimant made representations to the Tribunal with regard to this allegation and two others (for which the application was dismissed). 6.2 Strike out Judgment – claim - rule 37 Case No:6006261/2024[4]The Tribunal considered the contract terms and conditions which were within the bundle of documents provided by the parties. The Tribunal noted paragraph 17.1 under the hearing ‘Grievance and Disciplinary’ which said “ The Company Grievance and Disciplinary Procedures are available from the Human Resources Department. For the avoidance of doubt these policies are non-contractual.”[5]The Tribunal also considered Johson v Unisys [2001]UKHL 13, where it was held that where there is a statutory right (i.e unfair dismissal), the common law right (i.e breach of contract) cannot coexist.[6]The Tribunal therefore concluded that the Claimant had no realistic prospect of success in this claim.[7]The claim is therefore struck out. Approved by: