Case 2201941/2021 · Employment Tribunal
Ms S Fidina v KMS (Scotland) Ltd — 2022
- Case reference
- 2201941/2021
- Decision date
- 21 January 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Baty JUDGMENT
Parties
2 namedClaimant
Ms S Fidina
Respondent
Key findings
Tribunal's reasoningThe respondent applied on 11 June 2021 to strike out the claim, and chased the application again in July 2021 and in January 2022. The claimant did not respond at any stage, including after the tribunal itself sought comments on 20 July 2021. The tribunal recorded that the claimant's claim was for unfair dismissal and possibly unlawful deduction of wages, and noted that the respondent had set out grounds for strike out and rejection.
Employment Judge Baty struck the claim out in its entirety under Rule 37 and Rule 12. The judgment states that the complaints were also outside jurisdiction because they had been presented out of time and it was practicable to present them in time, with no explanation having been put forward for being about three years late. The reasons also record that the ordinary unfair dismissal complaint would in any event fail the two-year qualifying service requirement in s.108(1) ERA 1996. No remedy was awarded.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal said the claimant's claim included unfair dismissal and struck it out in its entirety. It also recorded that ordinary unfair dismissal would lack qualifying service under s.108(1) ERA 1996 and that the claim was presented about three years out of time. | Struck out | — | — |
| Unlawful deduction from wages | The tribunal referred to this complaint only as 'possibly' unlawful deduction of wages / 'Other Pay' and struck the claim out in its entirety. The judgment says it was presented out of time and no explanation was given for the delay. | Struck out | — | — |
Legal tests applied
3 references- Rule 37
- Rule 12
- s.108(1) Employment Rights Act 1996
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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