Mr Peter Barrett v R and L Armishaw — 2022

At a preliminary hearing at Bristol by CVP on 15 July 2022 before Employment Judge Cadney, the respondent applied to strike out the claimant's remaining claims on the basis of alleged non-compliance with case management orders and alleged vexatious or unreasonable conduct. The judge held that strike out was not appropriate at that stage. Although the tribunal found there had been a breach in relation to the late disclosure of the calendar record relied on for the overtime claim, it considered that strike out would not be proportionate because a fair trial was still possible.

The claimant's ET1 brought claims for unpaid overtime, holiday pay, expenses, and the value of a number of calendars. The respondent did not dispute in principle that overtime could be payable, but challenged whether the claimant had proved the hours worked and said the claimant had not previously produced sufficient supporting records. The judge did not determine those substantive claims at the preliminary hearing and instead directed that the case be relisted for a one-day final hearing on 6 December 2022.

The only claim finally decided at this hearing was the £278 claim relating to destroyed calendars. That claim was dismissed because the tribunal held that it did not fall within its jurisdiction, the matter being a private dispute rather than one arising from the claimant's employment. The respondent's strike-out application was otherwise dismissed and case management orders were made for the relisted final hearing.