Case 3303759/2019 · Employment Tribunal
Mr R Grozdanov v Redstone Converged Solutions Ltd — 2021
- Case reference
- 3303759/2019
- Decision date
- 28 May 2021
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Daniels
Parties
2 namedClaimant
Mr R Grozdanov
Respondent
Key findings
Tribunal's reasoningAt a remote preliminary hearing on 12 May 2021, Employment Judge Daniels sat alone with the claimant appearing in person and the respondent represented by counsel. The claimant had the assistance of a Bulgarian interpreter for part of the hearing. The tribunal recorded that the claimant had withdrawn the disability discrimination, unlawful deductions from wages, redundancy payment and other payments claims.
The tribunal struck out the claimant's contention that he was employed under a contract of employment within s.230(1) ERA 1996 and that the Employment Tribunal had jurisdiction to hear unfair dismissal and/or notice pay complaints under s.94 ERA 1996. That part of the case was struck out under Rule 37 as having no reasonable prospect of success. The respondent's application that the claimant's worker-status contention under s.230(3) ERA 1996 should be struck out or made the subject of a deposit order was rejected as not well founded.
The race/nationality discrimination claim and the holiday pay claim were permitted to proceed, but only insofar as they had been itemised at the previous case management hearing. The tribunal also made disclosure-related unless orders requiring the claimant to provide typed transcripts of handwritten diary notes and notification of the audio recordings he intended to rely on, with the warning that the claims he then pursued could be struck out without further notice if he did not comply. The final hearing was listed for 16 May 2022 before an Employment Judge sitting with members.
Claims and outcomes
8 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The tribunal struck out the claimant's contention that it had jurisdiction to hear an unfair dismissal complaint because he was not shown to be employed under a contract of employment within s.230(1) ERA 1996, finding it had no reasonable prospect of success. | Struck out | — | — |
| Breach of contract | The notice pay aspect was struck out with the unfair dismissal contention, on the same basis that the claimant's contract-of-employment contention had no reasonable prospect of success. | Struck out | — | — |
| Disability discrimination | Withdrawn by the claimant. | Withdrawn | Disability | — |
| Unlawful deduction from wages | Withdrawn by the claimant. | Withdrawn | — | — |
| Redundancy | Withdrawn by the claimant. | Withdrawn | — | — |
| Other | The claimant also withdrew the 'other payments' claim. | Withdrawn | — | — |
| Race discrimination | The race/nationality discrimination claim was allowed to proceed, but only to the extent previously itemised at the earlier case management hearing; no merits determination was made at this hearing. |
Legal tests applied
5 references- Rule 37 no reasonable prospect of success
- Rule 39 deposit order
- s.230(1) ERA 1996
- s.230(3) ERA 1996
- s.94 ERA 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.
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