Claimant v Ernst & Young LLP
Outcome
Individual claims
Multiple harassment claims (Acts 7-20) were withdrawn by the claimant at the preliminary hearing and dismissed upon withdrawal.
Multiple direct discrimination claims (Acts 12.6-12.18 and 12.21) were withdrawn by the claimant at the preliminary hearing and dismissed upon withdrawal.
Breach of contract claims (Breaches 1 and 2) were withdrawn by the claimant at the preliminary hearing and dismissed upon withdrawal.
The entire claim brought under the Working Time Regulations 1998 was withdrawn by the claimant at the preliminary hearing and dismissed upon withdrawal.
The claim for unauthorised deductions from wages was withdrawn but not dismissed to avoid estoppel issues, as these claims under s.13 Employment Rights Act 1996 were relabelled as breach of contract claims.
Facts
The claimant, Ms Gabella, brought multiple claims against Ernst & Young LLP and multiple individual respondents including claims of harassment, direct discrimination, breach of contract, unlawful deductions from wages, and Working Time Regulations breaches. At a preliminary hearing held remotely, the claimant was represented by counsel and withdrew the vast majority of her claims. Claims against 17 individual respondents were also withdrawn. One individual respondent was dismissed for reasons set out in a case management order.
Decision
The tribunal dismissed the withdrawn claims upon withdrawal by the claimant, including harassment claims, direct discrimination claims, breach of contract claims, and the entire Working Time Regulations claim. Claims against 17 named individual respondents were also dismissed on withdrawal. The unlawful deductions claim was withdrawn but not dismissed to avoid estoppel issues as it was relabelled as a breach of contract claim.
Practical note
This procedural judgment demonstrates strategic case management where a claimant substantially narrowed the scope of claims and respondents at a preliminary hearing, likely to focus resources on remaining claims.
Legal authorities cited
Statutes
Case details
- Case number
- 6006239/2024
- Decision date
- 6 June 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- barrister