Case 1400455/2022 · Employment Tribunal
Mr F Silveira v Trak Employment Solution Limited — 2023
- Case reference
- 1400455/2022
- Decision date
- 17 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley
Parties
2 namedClaimant
Mr F Silveira
Respondent
Key findings
Tribunal's reasoningMr F Silveira presented a further claim on 14 January 2022 against Trak Employment Solution Limited, appearing to seek unpaid wages and holiday pay in the sum of at least £2,000. The tribunal noted that an earlier claim, 1400025/2022, had been brought on 5 January 2022 in materially similar terms and was later dismissed as out of time by Employment Judge Danvers on 21 October 2022.
After warning the claimant by letter dated 28 November 2022 that the second claim might be struck out as scandalous or vexatious, or for having no reasonable prospect of success, the tribunal invited representations by 7 December 2022. The claimant replied on 8 December 2022, saying he wanted to receive his wages or payment and that the agency had wasted his time, and referred to Covid-19 affecting calls, but he did not identify any basis on which claim 1400455/2022 was distinct from the earlier dismissed claim.
The tribunal struck out claim 1400455/2022 on the basis that it was scandalous or vexatious because the claims being pursued were the same as those already brought in 1400025/2022 and had already been dismissed as out of time. No merits determination was made on the underlying unpaid wages or holiday pay allegations, and no monetary award was recorded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Part of the claim form presented on 14 January 2022, described as a claim for 'unpaid wages' in the sum of at least £2000. The tribunal struck out the claim without determining the merits. | Struck out | — | — |
| Holiday pay | Part of the claim form presented on 14 January 2022, described as a claim for 'holiday pay' in the sum of at least £2000. The tribunal struck out the claim without determining the merits. | Struck out | — | — |
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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