Case 2305936/2024 · Employment Tribunal
Mr K Pengelly v Total Support Services Limited — 2025
- Case reference
- 2305936/2024
- Decision date
- 18 September 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Jenkins Date
Parties
2 namedClaimant
Mr K Pengelly
Respondent
Key findings
Tribunal's reasoningThe Claimant brought a claim that he was directly discriminated against by reason of disability when the Respondent did not pay him in lieu of accrued holiday upon his return from long-term sickness absence.
Following a preliminary hearing on 18 August 2025, the Claimant was ordered to pay a deposit of £100.00. The order was sent to him on 21 August 2025, and the tribunal recorded that he failed to pay it, so the complaint was struck out under rule 40(4) of the Employment Tribunal Procedure Rules 2024.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Disability discrimination | The claim was struck out under rule 40(4) after the Claimant failed to pay a deposit ordered following a preliminary hearing. | Struck out | Disability | — |
Legal tests applied
1 reference- rule 40(4) of the Employment Tribunal Procedure Rules 2024
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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