Case 2402650/2020 · Employment Tribunal
Ms K Westwell v Serco Limited — 2020
- Case reference
- 2402650/2020
- Decision date
- 14 December 2020
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Horne
Parties
2 namedClaimant
Ms K Westwell
Respondent
Key findings
Tribunal's reasoningThe judgment struck out the claim. The tribunal recorded that the claimant did not attend a preliminary hearing on 6 October 2020, did not reply to the tribunal's letter dated 11 September 2020, and did not provide details of her claim as ordered.
The tribunal referred to rule 37 of the Employment Tribunal Rules of Procedure 2013, noting that a claim may be struck out where a party has not complied with an order or where the claim has not been actively pursued. The claimant had been given notice and an opportunity to make representations or request a hearing as to strike out, but did not do so.
The annex explains that the remaining claim concerned race discrimination, specifically the claimant's allegation that dismissal on 4 June 2019 was because of race. It also records that unfair dismissal and breach of contract claims had previously been struck out on 4 November 2019 for lack of jurisdiction and lack of prospects.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Race discrimination | The remaining pleaded claim described in the judgment was race discrimination arising from dismissal on 4 June 2019. It was struck out under rule 37 because the claimant had not complied with tribunal orders and had not actively pursued the claim. | Struck out | Race | — |
| Unfair dismissal | The annex records that the claimant had also brought unfair dismissal, which had already been struck out on 4 November 2019 for lack of jurisdiction and lack of prospects. | Struck out | — | — |
| Breach of contract | The annex records that the claimant had also brought breach of contract, which had already been struck out on 4 November 2019 for lack of jurisdiction and lack of prospects. | Struck out | — | — |
Legal tests applied
1 reference- rule 37 of the 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.
Named in this case and want it removed? Submit a takedown request. The page will be withdrawn on receipt and the editor will follow up within five working days.