Case 2601135/2022 · Employment Tribunal
Mr. D R Crystal-Kirk v Florentino’s Pizzeria Limited and 1 other — 2022
- Case reference
- 2601135/2022
- Decision date
- 12 December 2022
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Heap
- Venue
- Lincoln
Parties
3 namedClaimant
Mr. D R Crystal-Kirk
Key findings
Tribunal's reasoningThis was a preliminary hearing before Employment Judge Heap sitting alone. The hearing dealt with amendment, the Respondents' application to strike out the complaint about failure to provide a statement of main terms and conditions of employment, or alternatively for a deposit order, and case management matters. No merits hearing took place.
The Tribunal refused the strike-out application and also refused a deposit order. It held that the complaint under section 1 Employment Rights Act 1996 could not be said to have no reasonable prospect of success on the documents alone, because there was a factual dispute about when the statement was provided and whether it complied with section 1(4)(d) ERA 1996. Evidence would be needed before that issue could be determined.
The Tribunal also said it could not determine the claimant's amendment application at that stage because the complaints sought to be advanced as age-related harassment were still far from clear. As a result, it was not possible to finalise the list of issues, although some further detail had been provided in relation to race discrimination complaints and those were dealt with in separate orders. No final findings were made on the discrimination or dismissal claims in this judgment.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Preliminary hearing only. The Respondents' application to strike out the complaint about failure to provide a statement of employment particulars, or alternatively for a deposit order, was refused. The underlying s.1 ERA 1996 complaint was not determined on the merits. | Other | — | — |
Legal tests applied
10 references- Rule 37 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- no reasonable prospect of success
- Balls v Downham Market High School and College
- Anyanwu v South Bank Student Union
- Ezsias v North Glamorgan NHS Trust
- Rule 39 Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013
- little reasonable prospect of success
- Hemdan v Ishmail & Anor
- s.1 Employment Rights Act 1996
- s.1(4)(d) 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.
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.