Case 2406612/2022 · Employment Tribunal
Mr DA Fereday v Mammoet UK Limited 19 December 2023 — 2023
- Case reference
- 2406612/2022
- Decision date
- 28 December 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter JUDGMENT
Parties
2 namedClaimant
Mr DA Fereday
Respondent
Key findings
Tribunal's reasoningThe tribunal struck out the claimant's constructive unfair dismissal claim under the Employment Rights Act 1996 and his disability and age discrimination complaints under the Equality Act 2010. The judgment records that a strike out warning was sent on 29 November 2023, giving the claimant until 13 December 2023 to make representations or request a hearing, but he did not do so.
Employment Judge Shotter said the claimant had not participated fully in the litigation. The judgment notes that at the preliminary hearings on 7 March 2023 and 12 June 2023 the claimant joined late and was unable to take meaningful part, and that at the preliminary hearing on 7 August 2023 he was ordered to provide further information in a Record of Preliminary Hearing, which he did not provide. The respondent applied for strike out on 17 November 2023 and the tribunal also relied on the claimant's non-compliance with case management directions and Tribunal orders.
The tribunal found the case was not ready for trial and that a fair hearing could not take place because of the claimant's default. It took the final hearing out of the list, stating that the case could not be relisted for five days until 2025 and that a fair hearing could not take place either next year or after a substantial delay as a result of the claimant's non-compliance. The claims were therefore struck out.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Constructive dismissal | The judgment refers to the claimant's 'constructive unfair dismissal' claim under the Employment Rights Act 1996 and strikes it out together with the discrimination complaints. | Struck out | — | — |
| Disability discrimination | Struck out as part of the claimant's discrimination complaints under the Equality Act 2010. | Struck out | Disability | — |
| Age discrimination | Struck out as part of the claimant's discrimination complaints under the Equality Act 2010. | Struck out | Age | — |
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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