Ms P Joyce v Forth Valley Health Board

IN THE EMPLOYMENT TRIBUNAL (SCOTLAND) AT EDINBURGH 5 Judgment of the Employment Tribunal in Case No: 8000274/2023 Issued Following Open Preliminary Hearing Held at Edinburgh on the 7 of th September 2023 10 Employment Judge J G d’Inverno 15 Ms Pauline Joyce Claimant In Person Forth Valley Health Board Respondent Represented by: 20 Mr D James, Advocate

JUDGMENT OF THE EMPLOYMENT TRIBUNAL 25 The Judgment of the Employment Tribunal is:- (First) That the claimant lacks Title to Present and the Tribunal lacks Jurisdiction to Consider the claimant’s purported freestanding complaint of breach of her “freedom of expression” and the purported complaint is 30 dismissed for want of Jurisdiction. (Second) The claimant’s complaint, in terms of section 47...

ETZ4(WR) 8000274/2023 Page 2 Tribunals (Constitution and Rules of Procedure) Regulations 2013, Schedule 1, on the ground that it has no reasonable prospect of success. Employment Judge: J d’Inverno Date of judgment: 22 September 2023 5 Date sent to parties: 22 September 2023 I confirm that this is my Judgment in the case of Joyce v Forth Valley Health Board and that I have signed the Judgment b...

REASONS Overview 15 1. This case is one in which the claimant presents complaints:- (a) of having suffered detriment, in terms of section 47B of the Employment Rights Act 1996 (“the ERA”), on the ground that she had made a protected disclosure; and, 20 (b) a freestanding complaint of breach of her Article 9 and Article 10 Human Rights which she describes as “the right of expression (to share in...

3. Ms Joyce appeared on her own behalf, the respondent, Forth Valley Health Board, was represented by Mr D James, Advocate. There was before the Tribunal a Hearing bundle extending to some 87 pages to some of which 5 reference was made in the course of submissions.