Case 2600586/2021 · Employment Tribunal
Mr B Wheatley (Deceased) v Urban Splash Modular Limited — 2022
- Case reference
- 2600586/2021
- Decision date
- 25 February 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Brewer Date
Parties
2 namedClaimant
Mr B Wheatley (Deceased)
Respondent
Key findings
Tribunal's reasoningThe claim was presented on 28 March 2021. The claimant later died in November 2021. The respondent applied for strike out or, alternatively, for a deposit order, and an open preliminary hearing had been listed for 7 January 2022. In correspondence, Employment Judge Heap explained to Mr Paul Wheatley that section 206 of the Employment Rights Act 1996 allowed a deceased claimant's claim to be continued by a personal representative or an appropriate person, including a brother or wife.
Mr Paul Wheatley said the deceased claimant's widow was ready to continue with the claim, but no name or contact details were provided. Employment Judge Clark then directed that any application to continue the claim for the benefit of the estate had to be set out in writing and sent to the tribunal and the respondent's representative at least seven days before the hearing. He also indicated that, if the claim were continued, case management orders would be made and the matter relisted for an open preliminary hearing to consider the respondent's strike out or deposit application.
At the hearing on 25 February 2022, Ms N Dinnes appeared for the respondent and no one appeared for the claimant. The tribunal waited until 11:46 am after the hearing was due to start. In the absence of any application to appoint a person under section 206 of the Employment Rights Act 1996, Employment Judge Brewer held that the claim was at an end and dismissed the claimant's claims.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The reasons do not separately analyse the merits of the claim; the judgment says the claimant's claims were dismissed because no application was made to continue the claim after the claimant's death under section 206 Employment Rights Act 1996. | Dismissed | — | — |
| Whistleblowing | The case was listed by GOV.UK as including public interest disclosure, but the reasons do not separately analyse the merits of that claim; the claim was dismissed after no application was made to continue it under section 206 Employment Rights Act 1996. | Dismissed | — | — |
Legal tests applied
1 reference- s.206 Employment Rights Act 1996
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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