Case 1800475/2020 · Employment Tribunal
Mrs KL Wright v Pollywiggle Day Nursery Limited — 2020
- Case reference
- 1800475/2020
- Decision date
- 15 July 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Rogerson
Parties
2 namedClaimant
Mrs KL Wright
Respondent
Key findings
Tribunal's reasoningBy an order dated 1 June 2020, the claimant was ordered to provide disclosure by 25 June 2020 after an earlier failure to comply with a disclosure order made on 4 March 2020. The 1 June order allowed extra time at the request of the claimant's solicitor, but the claimant still did not comply.
On 25 June 2020, the tribunal made an unless order requiring compliance with the disclosure order by 1 July 2020, failing which the complaints of unfair dismissal, unpaid holiday pay and unpaid wages would be dismissed. The claimant did not comply by 1 July 2020 or by the date of judgment, and made no representations explaining why those complaints should not be struck out.
The tribunal therefore struck out the complaints of unfair dismissal, unpaid holiday pay and unpaid wages under rule 38(1) of the Employment Tribunals Rules of Procedure 2013. The claimant's remaining complaint of failure to provide a statement of employment particulars under section 38 Employment Act 2002 was expressly unaffected and was allowed to proceed to the hearing listed for 19 October 2020, with the 20 and 21 October 2020 hearing dates vacated.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out under rule 38(1) after the claimant did not comply with disclosure orders, including an unless order dated 25 June 2020. | Struck out | — | — |
| Holiday pay | Struck out under rule 38(1) for non-compliance with disclosure orders and no representations opposing strike out. | Struck out | — | — |
| Unlawful deduction from wages | The judgment refers to the complaint as 'unpaid wages'; it was struck out under rule 38(1) following failure to comply with disclosure orders. | Struck out | — | — |
Legal tests applied
3 references- rule 38(1) Employment Tribunals Rules of Procedure 2013
- rule 37 Employment Tribunals Rules of Procedure 2013
- unless order
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
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