Case 3300536/2023 · Employment Tribunal
Mr D Smith v HFD Limited — 2023
- Case reference
- 3300536/2023
- Decision date
- 14 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Hutchings
- Venue
- Bury St Edmunds
Parties
2 namedClaimant
Mr D Smith
Respondent
Key findings
Tribunal's reasoningOn 14 September 2023, Employment Judge Hutchings, sitting alone at Bury St Edmunds, struck out the claimant's claims of unfair dismissal, holiday pay, and unauthorised deduction from wages under rule 37 of the Employment Tribunal Rules of Procedure 2013. The judgment records that no claims proceed and that the hearing fixed for 14 and 15 September 2023 would not take place.
The tribunal had given the claimant an opportunity by letter dated 11 September 2023 to make representations by 4.00 pm on 13 September 2023, but he did not reply. The reasons state that he had not corresponded with the tribunal or the respondent's legal representatives since submitting his ET1 on 19 January 2023 and that he failed to attend the hearing on 14 September 2023.
The strike-out reasons given were that the claimant had not complied with the tribunal's orders dated 15 June 2023, had not responded to the strike-out warning, had not actively pursued the claim, and had conducted the claim in an unreasonable manner to cause disruption. No remedy was awarded because the claims were struck out before determination on the merits.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Struck out under rule 37 of the Employment Tribunal Rules of Procedure 2013; the judgment says no claims proceed. | Struck out | — | — |
| Holiday pay | Struck out under rule 37 of the Employment Tribunal Rules of Procedure 2013; the judgment says no claims proceed. | Struck out | — | — |
| Unlawful deduction from wages | Struck out under rule 37 of the Employment Tribunal Rules of Procedure 2013; the judgment says no claims proceed. | Struck out | — | — |
Legal tests applied
1 reference- rule 37 Employment Tribunal Rules of Procedure 2013
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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