Ms K Martin v Greens Retail Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4105807/2022 5 Held in Glasgow on 14 August 2023 Employment Judge L Wiseman 10 Ms Kimberley Martin Claimant Represented by: Mr S Smith - Solicitor 15 Greens Retail Ltd Respondent Represented by: Mr B Nicol - Solicitor 20

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The tribunal decided: (i) to refuse the respondent’s application to strike out the claim and 25 (ii) to refuse the claimant’s application to amend the claim to include complaints of detriment for having made a protected disclosure (section 47B Employment Rights Act), automatically unfair dismissal for having made a protected disclosure (section 103A Employmen...

REASONS 4105807/2022 Page 2

1. The claimant presented a claim to the Employment Tribunal on the 30 October 2022 in which she indicated she was making a claim of “bullying and intimidation”. The claimant subsequently instructed a legal representative who, by email of the 28 April 2023, made an application to amend the claim 5 to introduce complaints of disability discrimination and detriment for having made a protected dis...

2. The respondent entered a response in which it set out some background to the claim and asserted the claim of “bullying and intimidation” had no legal basis and should be struck out as having no reasonable prospect of success. 10 The respondent objected to the application to amend made by the claimant’s representative.