Case 2302985/2022 · Employment Tribunal
Mr G Smith v Castle Wildish Residential Limited — 2024
- Case reference
- 2302985/2022
- Decision date
- 10 September 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Fredericks-Bowyer Appearances
Parties
2 namedClaimant
Mr G Smith
Respondent
Key findings
Tribunal's reasoningThe claimant did not attend the public preliminary hearing on 10 September 2024. The tribunal continued in his absence under Rule 47 after noting that he had notice of the hearing and had not provided a reason for non-attendance.
The tribunal found that the claimant had stopped actively pursuing his claims from 28 February 2024. He had not complied with case management orders, had not responded to the respondent's strike-out application or later correspondence, and had not attended or joined the hearing despite being contacted.
The tribunal held that the claimant had adequate warning of the proposed strike out and an opportunity to make representations. It found strike out proportionate and struck out the claims in their entirety under Rule 37(1)(d).
Claims and outcomes
6 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Wrongful dismissal | The judgment describes this as wrongful dismissal/unpaid notice pay and strikes out all claims under Rule 37(1)(d). | Struck out | — | — |
| Holiday pay | The judgment describes this as unpaid holiday pay and strikes out all claims under Rule 37(1)(d). | Struck out | — | — |
| Unlawful deduction from wages | The judgment describes this as unpaid commission and strikes out all claims under Rule 37(1)(d). | Struck out | — | — |
| Unlawful deduction from wages | The judgment describes this as unpaid car allowance and strikes out all claims under Rule 37(1)(d). | Struck out | — | — |
| Other | The judgment describes this as failure to provide written statement of particulars of employment and strikes out all claims under Rule 37(1)(d). | Struck out | — | — |
| Disability discrimination | The judgment describes disability discrimination claims including direct discrimination, discrimination arising from disability, and failure to make reasonable adjustments; all claims were struck out under Rule 37(1)(d). | Struck out | Disability | — |
Legal tests applied
3 references- Rule 47 Employment Tribunal Rules of Procedure 2013
- Rule 37(1)(d) Employment Tribunal Rules of Procedure 2013
- Rule 37(2) Employment Tribunal Rules of Procedure 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
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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