Case 3306714/2021 · Employment Tribunal
Mr T Bullock & others (see schedule) v Do & Co Event Airline Catering Limited — 2024
- Case reference
- 3306714/2021
- Decision date
- 3 January 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Maxwell Date
Parties
2 namedClaimant
Mr T Bullock & others (see schedule)
Respondent
Key findings
Tribunal's reasoningAt preliminary hearings on 5 and 12 July 2023, the Respondent said that some Claimants were pursuing the same claims in more than one set of proceedings arising from the large scale dismissal exercise. The Tribunal treated the alleged overlap between the Rai and Patel multiples as a potential abuse of process and ordered any duplicated claims to be withdrawn by 11 August 2023, with strike out to be considered if they were not withdrawn. Further correspondence followed, and by 9 November 2023 OH Parsons had provided a schedule of Claimants believed to have duplicate claims and sought permission to withdraw them.
The Tribunal applied rule 52 of the Employment Tribunals Rules of Procedure 2013. It held that the Claimants had, at the time of withdrawal, expressed a wish to reserve the right to bring holiday pay claims in the County Court and had given a legitimate reason for doing so. The judge was satisfied that dismissing those holiday pay claims would not be in the interests of justice because it might bar civil claims for unpaid annual leave. Judgment was therefore entered dismissing the withdrawn claims, but the holiday pay claims were not dismissed because the Claimants had indicated that they would pursue them in the County Court.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | Dismissed upon withdrawal under rule 52 after the Respondent identified duplicate claims in the Rai and Patel multiples. | Dismissed | — | — |
| Holiday pay | Withdrawn but not dismissed, because the Claimants had indicated they wished to pursue unpaid annual leave claims in the County Court. | Withdrawn | — | — |
Legal tests applied
2 references- Employment Tribunals Rules of Procedure 2013, rule 52
- interests of justice
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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