Claimant v Bury Metropolitan Borough Council
Outcome
Individual claims
Claims against the second respondent Ruth Whittingham and third respondent Kathryn Foulkes were dismissed at preliminary hearing, likely following withdrawal or agreement that individual respondents should not be pursued.
Facts
This was a preliminary hearing concerning claims brought by Mrs Emmerson against Bury Metropolitan Borough Council and two individual respondents. The hearing dealt with the procedural issue of whether the individual respondents should remain parties to the proceedings. Both claimant and respondent were represented by solicitors and the hearing was conducted remotely by CVP.
Decision
The tribunal dismissed the claims against the second and third respondents, Ruth Whittingham and Kathryn Foulkes. This indicates the claims would continue only against the primary respondent, Bury Metropolitan Borough Council. Written reasons were not provided at the hearing and would only be issued on request.
Practical note
Individual employees are often removed as respondents at preliminary hearings in claims against public bodies, where the employer is the appropriate respondent.
Case details
- Case number
- 2413627/2023
- Decision date
- 10 February 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- solicitor