Case 2501795/2018 · Employment Tribunal

Mr S Brittenden, counsel v Respondent — 2019

Case reference: 2501795/2018
Decision date: 7 May 2019
Jurisdiction: England & Wales
Judge: Employment Judge Robertson
Venue: North Shields

Indexed: 23 May 2026

Parties

1 named

Claimant

Mr S Brittenden, counsel

Respondent

Key findings

Tribunal's reasoning

On 8 April 2019, Regional Employment Judge Robertson, sitting alone at North Shields, heard applications under rule 38(2) of the Employment Tribunals Rules of Procedure 2013 in the proceedings brought by Ms E Miller and others against North Tyneside Council. The judgment addressed only whether claims previously dismissed should be restored so that they could continue, and did not determine the underlying merits of the claims.

The applications by the 812 claimants listed in schedule 1 succeeded outright. Their claims no longer stood dismissed and were allowed to proceed to hearing. The 22 claimants listed in schedule 2 also succeeded, but only conditionally: their claims would no longer stand dismissed, and could proceed, if by 4pm on 22 April 2019 they complied with paragraph 4(b) of the case management orders made on 13 November 2018.

The applications by the 378 claimants listed in schedule 3 were refused, and those claims stood dismissed. The tribunal recorded that case management orders for the surviving claims would be made separately.

Claims and outcomes

3 findings recorded

This case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.

Claim type	Issue or finding	Outcome	Protected characteristic	Award
Other	Rule 38(2) application for the 812 claimants listed in schedule 1. The tribunal held that their claims no longer stood dismissed and may proceed to hearing.	Upheld	—	—
Other	Rule 38(2) application for the 22 claimants listed in schedule 2. The applications succeeded conditionally: the claims would no longer stand dismissed and may proceed only if, by 4pm on 22 April 2019, the claimants complied with paragraph 4(b) of the case management orders made on 13 November 2018.	Upheld	—	—
Other	Rule 38(2) application for the 378 claimants listed in schedule 3. The applications were refused and the claims stood dismissed.	Dismissed	—	—

Legal tests applied

1 reference

Official outcome judgment PDF

Gov.uk primary record

The 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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