Dr H Korthals Altes v University of Essex: 3203109/2019
| Jurisdiction | England & Wales |
| Judgment Date | 10 November 2020 |
| Citation | 3203109/2019 |
| Court | Employment Tribunal |
| Published date | 17 November 2020 |
| Subject Matter | Breach of Contract |
Case Number: 3203109/2019
1
EMPLOYMENT TRIBUNALS
Claimant: Dr H Korthals Altes
Respondent: University of Essex
Heard at: East London Hearing Centre
On: 30th October 2020
Before: Employment Judge Reid
Representation
Claimant: Mr Bain, Solicitor, Bower Bailey
Respondent: Mr Mordue, Solicitor, Eversheds Sutherland
This has been a remote hearing which has not been objected to b y the parties.
The form of remote hearing was partly CVP and partly audio (A) because the
Respondent’s representative was o nly able to join on the telephone, there being
technical problems using CVP. A face to face hearing was not held because it
was not practicable and all issues could be determined in a remote hearing.
RESERVED JUDGMENT
The terms of the Claimant’s contract (including those incorporated provisions of
the Respondent’s Ordinances) allowed the Respondent to terminate the
Claimant’s contract prior to the end of her probationary period on grounds of
unsatisfactory performance, without following the procedure for dismissal for
good cause under Ordinance 41.
REASONS
The preliminary issue for determination
1. The preliminary issue for determination was identified in the Preliminary Hearing
summary dated 14th May 2020 as ‘Did the terms of the Claimant’s contract
(including those incorporated provisions of the Respondent’s Ordinances) allow
the Respondent to terminate the Claimant’s contract prior to the end of her
probationary period on grounds of unsatisfactory performance, without following
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