Case 1400673/2024 · Employment Tribunal
Miss J Smith v NG Bailey Ltd RECORD OF A PRELIMINARY HEARING — 2025
- Case reference
- 1400673/2024
- Decision date
- 9 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Livesey Appearances
- Venue
- Bristol
Parties
2 namedMiss J Smith
Key findings
Tribunal's reasoningEmployment Judge Livesey, sitting at Bristol on a preliminary hearing, considered the respondent's strike-out applications confined to two claims: flexible working under section 80H of the Employment Rights Act and breach of contract relating to notice under the Extension of Jurisdiction Order 1994. The Claimant, in person, declined to make oral submissions and relied on her earlier skeleton argument and bundle pages.
On the notice pay claim, the judge found that the Claimant had accepted in her Particulars of Claim that the correct one-week notice payment of £551 had been made and there was no countering argument. On the flexible working claim, the application of 7 September 2023 was made within the statutory three-month response period that did not expire before the Claimant's dismissal on 18 October 2023.
Both claims were held to have no reasonable prospects of success and were dismissed under rule 38 of the Employment Tribunal Procedure Rules 2024. The remaining claims continue under a separate Case Management Order. No monetary award was made.
Claims and outcomes
2 claims adjudicated| Claim type | Outcome | Protected characteristic | Award |
|---|---|---|---|
| Flexible working | Struck out | — | — |
| Wrongful dismissal | Struck out | — | — |
Legal tests applied
11 referencesSource document
Primary recordThe full judgment is available 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.