Case 2603622/2019 · Employment Tribunal
Mr L Attwal v Samworth Brothers Limited trading as Walker & Sons — 2020
- Case reference
- 2603622/2019
- Decision date
- 31 March 2020
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Mr L Attwal
Key findings
Tribunal's reasoningThe claimant’s claim form pleaded constructive unfair dismissal and disability discrimination. In this judgment, the tribunal dealt only with the unfair dismissal complaint, which it struck out under rule 37 for having no reasonable prospects of success. The tribunal said the claimant had been employed for less than two years, so it had no power to deal with an ordinary unfair dismissal complaint in these circumstances.
The tribunal recorded that the claimant had previously been warned that the unfair dismissal claim would be struck out unless he could explain how it could proceed. He did not provide that explanation, did not object to strike out at the preliminary hearing, and did not request a separate hearing to address the proposed strike out. The judgment states that the discrimination claim was not affected by this decision.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim form referred to constructive unfair dismissal. The tribunal struck out the unfair dismissal complaint because the claimant had less than two years' service, so it had no power to deal with an ordinary unfair dismissal claim, and because the claim had no reasonable prospects of success. | Struck out | — | — |
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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