Case 1304806/2023 · Employment Tribunal
Mr Khalid Butt v Europackaging Limited — 2024
- Case reference
- 1304806/2023
- Decision date
- 6 March 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hena Representation
Parties
2 namedClaimant
Mr Khalid Butt
Respondent
Key findings
Tribunal's reasoningThe Tribunal proceeded with the 6 March 2024 hearing in the claimant's absence under Rule 47, finding that he had received notice of the hearing and that the Tribunal had tried to assist him in attending by telephone and email.
The Tribunal struck out the claim in its entirety under Rule 37. It recorded that the claimant had not objected to a strike out warning on unfair dismissal, had not complied with the 9 November 2023 case management order requiring a schedule of loss and particulars of claim, had not attended the hearing, and had not provided explanations for those failures.
The Tribunal considered the authorities relied on by the respondent and balanced the seriousness of strike out against the history of non-attendance, non-compliance, and lack of active pursuit. It concluded that the proceedings had been conducted scandalously, unreasonably or vexatiously, had not been actively pursued, and that a fair hearing was no longer possible.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment specifically refers to an unfair dismissal claim and records that the whole claim was struck out under Rule 37. | Struck out | — | — |
| Race discrimination | Race discrimination appears in the case listing categories. The judgment states that the claim was struck out in its entirety, but the PDF text does not set out particulars of this claim. | Struck out | Race | — |
| Working time regulations | Working Time Regulations appears in the case listing categories. The judgment states that the claim was struck out in its entirety, but the PDF text does not set out particulars of this claim. | Struck out | — | — |
Legal tests applied
4 references- Rule 47 of the Employment Tribunals Rules of Procedure 2013
- Rule 37 of the Employment Tribunals Rules of Procedure
- Rolls Royce plc v Riddle [2008] IRLR 873
- Balls v Downham Market High School & College [2011] IRLR 217
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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