Case 3304188/2024 · Employment Tribunal
Ms J M Gardiner v Forbells Ltd — 2025
- Case reference
- 3304188/2024
- Decision date
- 14 May 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Davey Appearances
Parties
2 namedClaimant
Ms J M Gardiner
Respondent
Key findings
Tribunal's reasoningThis was a preliminary hearing in public before Employment Judge Davey at Watford by video on 13 May 2025. The tribunal dealt only with three complaints: automatic unfair dismissal under s103A Employment Rights Act 1996, detriments for making protected disclosures under s47B Employment Rights Act 1996, and unauthorised deductions from wages.
The automatic unfair dismissal complaint was struck out under Employment Tribunal Rule 38(1)(c) because the claimant had not complied with a Tribunal order. The judgment does not record any substantive liability findings on that complaint.
The protected disclosures complaint was dismissed because it was presented outside the applicable time limit. The tribunal found that it was not reasonably practicable to present the claim in time, but that the claim was still not brought within a further reasonable period. The unauthorised deductions from wages complaint was also dismissed as out of time, with the tribunal finding that it was reasonably practicable for the claim to have been presented within the applicable time limit.
No remedy was awarded. The written record states that reasons were given orally at the hearing and that written reasons would not be provided unless requested.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The judgment identifies this as a complaint of automatic unfair dismissal under s103A Employment Rights Act 1996. It was struck out under Employment Tribunal Rule 38(1)(c) because the claimant had not complied with a Tribunal order. | Struck out | — | — |
| Whistleblowing | The complaint was for detriments for making protected disclosures under s47B Employment Rights Act 1996. The tribunal found it was not presented within the applicable time limit, that it was not reasonably practicable to present it in time, and that it was not brought within a further reasonable period. | Dismissed | — | — |
| Unlawful deduction from wages | The complaint of unauthorised deductions from wages was not presented within the applicable time limit. The tribunal found it was reasonably practicable to present the claim in time. | Dismissed | — | — |
Legal tests applied
3 references- s.103A Employment Rights Act 1996
- s.47B Employment Rights Act 1996
- Rule 38(1)(c) 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
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