Case 2300234/2019 · Employment Tribunal
Mr J Siphika v Wickes Building Supplies Limited STRIKE OUT — 2020
- Case reference
- 2300234/2019
- Decision date
- 13 May 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Balogun
Parties
2 namedClaimant
Mr J Siphika
Key findings
Tribunal's reasoningAt a case management hearing on 8 May 2019, Mr J Siphika was given leave to amend his claim to add allegations of whistleblowing and a claim for pay arrears. By an order dated 20 May 2019, he was required to provide further particulars of the whistleblowing complaint and the commission arrears claim by 5 June 2019.
He did not comply with that order by the due date, and the default continued after a respondent's strike out application on 21 June 2019 and further correspondence from the Tribunal on 3 July 2019, 4 September 2019 and 20 February 2020. The Tribunal also put him on notice that if the outstanding orders were not complied with by 27 February 2020, the whistleblowing claim and the commission payments claim would be struck out.
Although Mr Siphika wrote to say that he had complied, the Tribunal had received no evidence of compliance from him or the respondent. It therefore struck out the whistleblowing claim and the claim for pay arrears in relation to commission under Rule 37(1)(c) for non-compliance with Tribunal orders. The ordinary unfair dismissal and wrongful dismissal claims were not struck out and were permitted to proceed.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Whistleblowing | The judgment struck out the whistleblowing claim, described as allegations of automatic unfair dismissal and/or detriment, for non-compliance with the Tribunal's order dated 20 May 2019. | Struck out | — | — |
| Breach of contract | The judgment struck out the claim for pay arrears in relation to commission for non-compliance with the Tribunal's order dated 20 May 2019. | Struck out | — | — |
Legal tests applied
1 reference- Rule 37(1)(c) Employment Tribunal Procedural Rules 2013
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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