Case 1300992/2021 · Employment Tribunal
In Person For the v Respondent — 2023
- Case reference
- 1300992/2021
- Decision date
- 16 August 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Gaskell
Parties
1 namedClaimant
In Person For the
Respondent
- —
Key findings
Tribunal's reasoningThis was a preliminary hearing held at Birmingham on 16 August 2023 before Employment Judge Gaskell. The claimant appeared in person and the respondent was represented by Mr A Mellis. The tribunal refused the claimant's application for permission to amend his claim.
The tribunal then struck out the entirety of the claimant's claims under Rule 37(1)(a) of the Employment Tribunals Rules of Procedure 2013 on the basis that they had no reasonable prospect of success. The written record does not give reasons because reasons were given orally at the hearing and written reasons would only be provided if requested within 14 days.
The decision therefore did not determine the substantive merits of the underlying claims, but disposed of them at the preliminary stage by strike out. No compensation or other monetary remedy was awarded in the written judgment.
Claims and outcomes
4 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | The written judgment does not set out the pleaded particulars, but the case listing for this decision identifies age discrimination among the claims struck out in their entirety under Rule 37(1)(a). | Struck out | Age | — |
| Race discrimination | The written judgment does not set out the pleaded particulars, but the case listing for this decision identifies race discrimination among the claims struck out in their entirety under Rule 37(1)(a). | Struck out | Race | — |
| Unfair dismissal | The tribunal struck out the entirety of the claimant's claims at a preliminary hearing as having no reasonable prospect of success. | Struck out | — | — |
| Unlawful deduction from wages | The tribunal struck out the entirety of the claimant's claims at a preliminary hearing as having no reasonable prospect of success. | Struck out | — | — |
Legal tests applied
2 references- Rule 37(1)(a) Employment Tribunals Rules of Procedure 2013
- no reasonable prospect of success
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
Case essentials (reference, date, judge, venue, country, claim categories) are extracted from the structured metadata gov.uk publishes alongside each decision. Parties and monetary figures are extracted from the judgment PDF text. Key findings and per-claim outcomes require a second extraction pass that is not yet complete for this case — until then, the primary source linked above is the authoritative record. See full methodology.
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