Case 3313302/2023 · Employment Tribunal
Mr G Mwesigye v AFE Recruitment Ltd R1 Booker Ltd t/a Best Food Logistics R2 — 2024
- Case reference
- 3313302/2023
- Decision date
- 16 December 2024
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Quill Date
Parties
2 namedClaimant
Mr G Mwesigye
Key findings
Tribunal's reasoningThe Tribunal considered whether the claims against R2 could proceed where the claim form named an early conciliation certificate number but Tribunal staff could not trace a certificate with that number. The Claimant was ordered to provide a copy of that certificate or any other early conciliation certificate naming R2, but the certificate later provided was dated after the claim form was presented.
The Tribunal held that a certificate obtained after presentation of the claim form could not demonstrate compliance with section 18A of the Employment Tribunals Act 1996 for R2. It found there was no reasonable prospect of the Claimant showing compliance with the early conciliation obligations for R2, so all claims against R2 were struck out. The claims against R1 were not struck out, and the final hearing remained listed subject to compliance with further directions.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | All claims against R2 were struck out under Rule 37(1)(a) because there was no reasonable prospect of the Claimant showing compliance with the early conciliation requirements for R2. The judgment did not adjudicate the substantive claim types and stated that the claims against R1 were not struck out. | Struck out | — | — |
Legal tests applied
4 references- s 18A of the Employment Tribunals Act 1996
- Rule 37(1)(a)
- Rule 6
- Sainsburys v Clark [2023] EWCA Civ 386
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.
- Open official judgment 1 PDF on gov.uk
- Open official judgment 2 PDF on gov.uk
- Open official judgment 3 PDF on gov.uk
Published on gov.uk under the Open Government Licence v3.0.
How we got this data
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