Cases→8000215/2023

Claimant v McQueen's Dairies Ltd

16 July 2025Before Employment Judge M A MacleodScotlandon papers

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

The claimant's application to strike out the respondent's defence was refused. The tribunal found significant factual disputes existed regarding whether the claimant was dismissed or resigned, and whether any dismissal related to paternity leave, requiring a full hearing to resolve.

Unfair Dismissalnot determined

Procedural fairness issues raised by claimant regarding alleged breach of ACAS Code cannot be determined without first establishing whether dismissal occurred, which is in dispute and requires full evidential hearing.

Facts

The claimant took paternity leave beginning 9 February 2023. The respondent alleged procedural irregularities in his notification and that he failed to return to work on 12 February 2023. The respondent sent an AWOL letter on 13 February assuming resignation, which the claimant denied on 14 February citing mental health struggles. The respondent treated him as a leaver on 16 February. The claimant brought automatic unfair dismissal claims under s.99 ERA relating to paternity leave and applied to strike out the respondent's defence.

Decision

The tribunal refused the claimant's strike-out application. There were significant disputed facts about whether the claimant was dismissed or resigned, whether he properly notified paternity leave, and the nature of communications between parties. These factual disputes could only be resolved at a full merits hearing, and it would be premature and contrary to the interests of justice to conclude the respondent's defence had no reasonable prospect of success.

Practical note

Applications to strike out responses in automatic unfair dismissal cases will fail where central facts are genuinely disputed and require evidential hearing, following the principle in Ezsias that strike-out is only appropriate in exceptional cases involving complex factual and legal issues.

Legal authorities cited

Ezsias v North Glamorgan NHS Trust [2007] ICR 1126 CA

Statutes

TULR(C)A 1992 s.207AERA 1996 s.99(1)(c)Employment Tribunals Rules of Procedure 2013 r.37(1)(b)Employment Tribunals Rules of Procedure 2013 r.37(2)

Case details

Case number
8000215/2023
Decision date
16 July 2025
Hearing type
strike out
Hearing days
—
Classification
procedural

Respondent

Name
McQueen's Dairies Ltd
Sector
manufacturing
Represented
No

Claimant representation

Represented
No
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