Ms S Davis v Wm Donnelly & Co Ltd: 4101181/2020
| Judgment Date | 10 February 2021 |
| Citation | 4101181/2020 |
| Published date | 16 March 2021 |
| Court | Employment Tribunal |
| Subject Matter | Breach of Contract |
EMPLOYMENT TRIBUNALS (SCOTLAND)
Case No: 4101181/2020
Held in Glasgow on 26, 27 and 28 January 2021
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Employment Judge M Robison
Tribunal Member N Elliot
Tribunal Member J Gallacher
Ms S Davis Claimant
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Represented by
Mr J Campbell -
Family Friend
Wm Donnelly & Co Limited Respondent
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Represented by
Mr S A McCormack -
Solicitor
JUDGMENT OF THE EMPLOYMENT TRIBUNAL
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The unanimous judgment of the Employment Tribunal is that the claims are not well-
founded and therefore are dismissed.
REASONS
1. The claimant lodged a claim with the Employment Tribunal on 25 February 2020,
claiming unfair constructive dismissal, discrimination because of
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pregnancy/maternity, discrimination because of sex and harassment related to
sex.
2. Following three case management preliminary hearings, the following issues
were identified for determination at this hearing:
a. Whether the claimant was constructively dismissed
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b. If she was constructively dismissed, was she unfairly dismissed under the
Employment Rights Act 1996 (ERA)?
4101181/2020 Page 2
c. Was the claimant unfavourably treated because of pregnancy or maternity
contrary to section 18 of the Equality Act 2010?
d. Was the claimant less favourably treated because of her sex contrary to
section 13 of the Equality Act?
e. Was the claimant harassed for a reason relating to her sex contrary to
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section 26 of the Equality Act?
f. Were any of the Equality Act claims lodged out of time?
g. If any of the Equality Act claims were lodged out of time, was it just and
equitable to extend time?
3. Following the hearing of evidence, the claimant’s representative, Mr Campbell
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withdrew the harassment claim, quite properly given that there was no evidence
to support such a claim.
4. During the hearing, the Tribunal heard evidence from the claimant and for the
respondent from Mr Liam Donnelly, CEO; Mr Paul Bell, managing director; and
from Ms Fiona Harris, former accountant/bookkeeper.
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5. The Tribunal was referred by the parties to a number of productions from a joint
bundle of productions. These documents are referred to by page number.
6. One matter which required to be determined during the course of the hearing, to
which there was objection, was Mr Campbell’s application to amend.
7. Mr Campbell sought to lead evidence about events on or around 19 February
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2019. Mr McCormack objected to the line of questioning on the basis that he did
not have fair notice of this issue; that it was not in any way foreshadowed in the
claimant’s written case; that on the contrary the claimant specifically references
events from 28 March onwards; it was a totally new issue; that he would require
to investigate it and may need to bring additional witnesses to speak to it; it was
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in any event out of time; and that any amendment has not been articulated with
any particularity. Further, when this matter was referenced in a request by the
claimant for a witness order, he raised this point then and specifically asked the
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