Case 3305791/2021 · Employment Tribunal
Claimant v VA and KS — 2022
- Case reference
- 3305791/2021
- Decision date
- 28 September 2022
- Jurisdiction
- England & Wales
Parties
2 namedClaimant
Claimant
Respondent
Key findings
Tribunal's reasoningAt a public preliminary hearing in London Central on 6 September 2022 before Employment Judge A M Snelson sitting alone, the tribunal dealt with the respondents' strike-out and deposit-order applications. It declined to strike out any part of the claimant's case. The only claim finally disposed of in this judgment was the claimant's unpaid commission claim, which the claimant withdrew after an adjournment and which the tribunal dismissed on withdrawal.
On the time point, the tribunal said there was no good ground for holding that the relevant claims identified in the respondents' application as 2(b), 3, 4 and 5 had no reasonable prospect of amounting together to conduct extending over a period for the purposes of Equality Act 2010 section 123(3)(a). It therefore treated the time issues as remaining live for the final hearing, and suggested that the agreed list of issues should be revisited while the case was still fresh in the minds of the parties.
The tribunal then issued case management directions requiring the claimant to provide a schedule of remedies, the parties to exchange disclosure and inspection, and the respondents to take primary responsibility for a common bundle. It also listed a further preliminary hearing for 24 April 2023 and a final hearing for 11 September 2023. The judgment recorded that the final hearing would determine liability, Chaggar/Polkey and contribution issues.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | Claim for unpaid commission. The judgment does not specify whether the claim was pleaded as breach of contract or as an unlawful deduction from wages. The tribunal indicated that it was minded to consider a deposit order in relation to this claim, but after an adjournment the claimant withdrew it and it was dismissed on withdrawal. | Withdrawn | — | — |
Legal tests applied
2 references- no reasonable prospect of success
- Equality Act 2010 section 123(3)(a) conduct extending over a period
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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