Case 1400902/2021 · Employment Tribunal
Representing himself For the v Mr O’Brien solicitor — 2022
- Case reference
- 1400902/2021
- Decision date
- 10 May 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Dawson Appearances
Parties
2 namedClaimant
Representing himself For the
Respondent
Key findings
Tribunal's reasoningAt a CVP hearing in Southampton on 27 April 2022, Employment Judge Dawson considered the respondent's application to strike out all or part of the claim under rule 37 of the Employment Tribunal Rules of Procedure. The claimant clarified that the case was about alleged non-payment of sums said to be due under a settlement agreement linked to the termination of his employment on 4 December 2020, including deductions said to have been made for national insurance contributions and child maintenance.
The tribunal ordered that the claims in paragraph 1, being the claims for sums due under the settlement agreement, were not struck out. Those claims included the alleged deduction of approximately £398 and the alleged deduction of approximately £1,560, although the claimant said he only sought damages of about £300 because the balance had been returned by the Child Maintenance Service. The written record does not contain a merits determination on liability for those sums.
The separate claim for £48,600 in respect of emotional trauma due to the alleged non-payment was struck out. The judgment notes that the reasons were given orally at the hearing and that written reasons would not be provided unless requested. It also records that the recoupment provisions do not apply to the judgment.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | Claim for non-payment of sums due under a settlement agreement relating to termination of employment on 4 December 2020, including alleged deductions of about £398 for national insurance contributions and about £1,560 for child maintenance; claimant said he only sought about £300 after part of the child maintenance sum was returned. The tribunal held this claim was not struck out under rule 37, but it made no merits finding. | Other | — | — |
| Other | Claim for £48,600 in respect of emotional trauma said to arise from the alleged non-payment was struck out. | Struck out | — | — |
Legal tests applied
1 reference- rule 37 Employment Tribunal Rules of Procedure
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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