Ms Rosario Lino v Euro Group Limited HELD AT: Liverpool — 2024

The hearing on 2 January 2024 was conducted remotely by CVP before Employment Judge Shotter sitting alone. No oral evidence was heard and the judgment was concerned with case management and strike out rather than the merits of the substantive claims. The tribunal noted that the claimant had not engaged with her solicitors for a significant period and had failed to comply with earlier orders for disclosure, witness statements and a schedule of loss.

The claimant’s unlawful deduction of wages claim, said to concern unpaid salary between December 2018 and November 2019, was struck out under Rule 37(1) of the Employment Tribunals Rules of Procedure 2013. The tribunal accepted the respondent’s position that the claim was problematic, including on time limit grounds, and held that the lack of information and non-compliance meant the respondent was prejudiced and a fair trial on that issue could not take place. The tribunal concluded that the claim was scandalous, vexatious or had no reasonable prospects of success.

The claimant’s claim for accrued holiday pay was dismissed on withdrawal. The judgment does not record any compensatory or other monetary award. The tribunal also recorded that the unfair dismissal and direct race discrimination claims remained listed for the final hearing, but the claimant was warned that failure to comply with the disclosure and witness statement orders by the stated dates would result in automatic strike out of those claims.