Case 2602124/2023 · Employment Tribunal
Mr JC Waite v Sherwood Press (Nottingham) Ltd (THE) — 2024
- Case reference
- 2602124/2023
- Decision date
- 27 June 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Ahmed
Parties
2 namedClaimant
Mr JC Waite
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing before Employment Judge Ahmed sitting alone on 14 June 2024. The tribunal dealt with compliance with an Unless Order dated 21 May 2024 and with the respondent's strike-out and deposit-order applications. No merits findings were made on the substantive claims, and no monetary award was recorded.
On unfair dismissal, the tribunal held that the claimant had materially complied with the Unless Order. As a result, the unfair dismissal complaint was not automatically struck out. The respondent's applications to strike out that complaint or to obtain a deposit order were refused, and the claim was allowed to proceed to a full merits hearing.
On race harassment and victimisation, the tribunal found material non-compliance with the Unless Order and declared both complaints automatically struck out. Relief from sanctions was granted for race harassment because it was in the interests of justice, so that complaint was reinstated and will proceed to a full merits hearing. Relief was refused for victimisation, so that complaint remains struck out. The tribunal also stated that any out-of-time issue on race harassment would be decided at the full merits hearing if necessary.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | At the preliminary hearing, the tribunal found the claimant had materially complied with the Unless Order of 21 May 2024 in respect of unfair dismissal, so that complaint was not automatically struck out. The respondent's applications to strike out the unfair dismissal complaint or for a deposit order were refused, and the claim was allowed to proceed to a full merits hearing. | Other | — | — |
| Harassment | The tribunal found material non-compliance with the Unless Order in relation to race harassment, so that complaint was automatically struck out. Relief from sanctions was then granted in the interests of justice, the race harassment complaint was reinstated, and the respondent's strike-out and deposit-order applications were refused. The tribunal said out-of-time issues would be decided at the full merits hearing if necessary. | Other | Race | — |
| Victimisation | The tribunal found material non-compliance with the Unless Order in relation to victimisation and declared that complaint automatically struck out. Relief from sanctions was refused, so the victimisation complaint remained struck out. | Struck out | Race | — |
Legal tests applied
3 references- relief from sanctions
- interests of justice
- no reasonable prospect of success
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.
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