Whether a claimant in an unfair dismissal case has actually been dismissed materially affects the question of whether the claim has a reasonable prospect of success so any such question should be determined at a pre-hearing review rather than at a full merits hearing.

Mrs Simpson was employed by Mr Merrick’s solicitor’s firm for 23 years. Following a ruling by the Solicitors’ Disciplinary Tribunal, Mr Merrick was suspended from practising as a solicitor for one year from 1 February 2008. Mrs Simpson’s employment with the firm ended on 31 January 2008.