Case 1802658/2022 · Employment Tribunal
Mr D Hume v Clarico Recruitment Ltd (In administration) C/O Live Recoveries — 2022
- Case reference
- 1802658/2022
- Decision date
- 22 August 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shepherd
Parties
2 namedClaimant
Mr D Hume
Key findings
Tribunal's reasoningBy letter dated 4 August 2022, the tribunal gave Mr Hume an opportunity to make representations or request a hearing on whether the claim should be struck out. The tribunal said the claim had no reasonable prospect of success because the employment ended on 26 June 2021, early conciliation ran from 31 August 2021 to 3 September 2021, and the claim was presented on 7 June 2022, so the claims for unauthorised deductions from wages, failure to pay holiday pay, and breach of contract appeared substantially out of time. The claimant did not make written representations, did not provide sufficient representations, and did not request a hearing.
The tribunal also said the proceedings appeared to have been conducted in a way that was scandalous, unreasonable or vexatious because the claimant had previously made the same claim on 5 September 2021 in case 1804431/2021, which was dismissed in a judgment dated 9 May 2022 because he had not obtained the administrator's consent to continue the claim and had not actively pursued it. The tribunal considered that bringing the same claim again appeared to amount to an abuse of process. On 22 August 2022, Employment Judge Shepherd struck out the claim.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unlawful deduction from wages | Struck out on the tribunal's own initiative; the reasons referred to this claim collectively with holiday pay and breach of contract claims as appearing substantially out of time. | Struck out | — | — |
| Holiday pay | Struck out on the tribunal's own initiative; the reasons referred to this claim collectively with unauthorised deductions and breach of contract claims as appearing substantially out of time. | Struck out | — | — |
| Breach of contract | Struck out on the tribunal's own initiative; the reasons referred to this claim collectively with unauthorised deductions and holiday pay claims as appearing substantially out of time. | 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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