Case 3303323/2020 · Employment Tribunal
Mr P Zawadzki v Ceva Logistics Limited — 2021
- Case reference
- 3303323/2020
- Decision date
- 26 April 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cotton Appearances
Parties
2 namedClaimant
Mr P Zawadzki
Respondent
Key findings
Tribunal's reasoningThe judgment dealt with a procedural issue at the start of what had been listed as a full merits hearing. The respondent asked the tribunal to reconsider an earlier decision that the claimant had complied with an Unless Order requiring him to provide his own witness statement and any witness statements from others by 14 January 2021.
The tribunal found that the claimant had not complied with the clear terms of the Unless Order because he had not provided his own witness statement. On that basis, the claim stood dismissed under Rule 38(1) with effect from 14 January 2021.
The tribunal then extended time, waived the requirement for a written application, and accepted the claimant's application to set aside the effect of the Unless Order in the interests of justice. The judge accepted the claimant's explanation that he had misunderstood the requirement and genuinely believed he had complied, and concluded that the claim should be restored. The respondent's costs application was reserved to the full merits hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | This was a procedural judgment, not a merits determination of the unfair dismissal claim. The tribunal found the claimant had not complied with the Unless Order, so the claim was dismissed under Rule 38(1) as of 14 January 2021, but it then set aside that effect under Rule 38(2) and restored the claim. | Other | — | — |
Legal tests applied
5 references- Rule 38(1) Employment Tribunal Rules of Procedure
- Rule 38(2) Employment Tribunal Rules of Procedure
- Rule 5 Employment Tribunal Rules of Procedure
- Rule 6 Employment Tribunal Rules of Procedure
- Rule 72(3) Employment Tribunal Rules of Procedure
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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