Mr N Simmons v Capricorn Wealth Management Limited — 2023

On 3 July 2023 Employment Judge Tinnion made an order under rule 38 of the Employment Tribunals Rules of Procedure 2013 providing that the claims would be dismissed without further order unless, by 31 July 2023, the claimant either disclosed to the respondent's solicitors a copy of the police caution he had said he received at the preliminary hearing on 23 February 2023, or sent an affidavit from a solicitor with a current practising certificate stating that neither the claimant nor the solicitor had been able, despite reasonable efforts, to obtain and disclose the caution and giving full factual particulars explaining why.

The tribunal considered the claimant's correspondence dated 31 July 2023 and 21 August 2023 and found that he had not disclosed a copy of the police caution and had not sent an affidavit in the form ordered. Employment Judge Joffe therefore concluded that there had been non-compliance with the order made by Employment Judge Tinnion, with the result that the claimant's claims were dismissed under rule 38. The hearing listed for 14 and 15 September 2023 was cancelled.