Mr K Gallagher v McKinnon’s Auto and Tyres Ltd

EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 4106291/2022 5 Held in Glasgow on 4 October 2023 Employment Judge L Wiseman Mr Kevin Gallagher Claimant 10 McKinnon’s Auto and Tyres Ltd Respondent

JUDGMENT OF THE EMPLOYMENT TRIBUNAL The tribunal decided the discussion between the parties on the 1 August 2022 was 15 a pre-termination negotiation and is inadmissible in these proceedings in terms of section 111A Employment Rights Act.

REASONS

1. The claimant presented a claim to the Employment Tribunal on the 21 November 2022 alleging he had been unfairly dismissed. 20 2. The respondent entered a response admitting the claimant had been dismissed for reasons of redundancy but denying the dismissal had been unfair.

3. The hearing today was a preliminary hearing to determine the following issues: 25 (i) were the discussions held between the parties subject to “without prejudice” privilege; (ii) are the discussions prevented from disclosure by either party on that basis; (iii) were the discussions “protected discussions” in terms of section 111A 30 Employment Rights Act 1996 and (iv) are the discussions pre...