Mrs C Dooley v Strathkelvin Instruments Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106798/2023 5 Hearing Held on the Cloud Video Platform on 2 February 2024 10 Employment Judge A Jones Mrs C Dooley Claimant Represented by: Mr Phillips, solicitor 15 Strathkelvin Instruments Ltd Respondent Represented by: Ms Splavska, Litigation 20 Consultant

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The content of the meeting between Mr Dooley and Mr Reid on 16 August 2023 is 25 not subject to the without prejudice rule or the provisions of section 111A Employment Rights Act 1996.

REASONS Background 30 1. This was a hearing to determine whether the discussions which took place at a meeting between the claimant’s husband who was also the Managing Director of the respondent at the time and the respondent’s Chairman on 16 August 2023 should be subject to the rule of without prejudice and/or the provisions of section 111A Employment Rights Act 1996 (‘ERA’). The claimant seek...

2. A bundle of documents was produced for use at the hearing. That included some correspondence which was marked without prejudice from the claimant’s 5 solicitor. I clarified at the beginning of the hearing that the only issue to be determined was whether evidence regarding what was said in meeting on 16 August between Mr Dooley and Mr Reid was inadmissible. It was confirmed that the without p...

3. Mr Reid gave evidence for the respondent first, and then the claimant gave evidence as did Mr Dooley. Parties had helpfully provided written submissions in advance. Further oral submissions were made at the conclusion of the evidence regarding in particular a question posed by me. 15 Observations on the evidence