Case 3323440/2021 · Employment Tribunal
Mr N Gray v The Secretary of State for Justice — 2023
- Case reference
- 3323440/2021
- Decision date
- 30 June 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Manley Appearances
Parties
2 namedClaimant
Mr N Gray
Respondent
Key findings
Tribunal's reasoningAt a preliminary hearing, the tribunal struck out the claims for unfair dismissal, automatic unfair dismissal, notice pay and failure to provide written reasons for dismissal. It found those claims had no reasonable prospects of success because the claimant was not dismissed.
The tribunal stated that, had it not struck out those claims, it would have ordered deposits as a condition of them proceeding because they had little reasonable prospects of success. The stated hypothetical deposits were £500 for the unfair dismissal claims, £250 for the notice pay claim and £250 for the failure to provide written reasons claim.
The claimant withdrew one issue from the list of issues and withdrew any allegation of personal injury arising from negligence by the respondent; those matters were dismissed on withdrawal. The remaining claims of disability discrimination, victimisation and public interest disclosure detriment were not determined in this judgment and were listed to proceed to a hearing.
Claims and outcomes
5 findings recordedThis case has mixed outcomes under at least one legal claim type. A tribunal can uphold some allegations and dismiss others under the same legal head, so rows below may represent separate issues or allegation groups from the judgment.
| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claims for unfair dismissal and automatic unfair dismissal were struck out because the claimant was not dismissed and the tribunal found they had no reasonable prospects of success. | Struck out | — | — |
| Wrongful dismissal | The notice pay claim was struck out because the claimant was not dismissed and the tribunal found it had no reasonable prospects of success. | Struck out | — | — |
| Other | The claim for failure to provide written reasons for dismissal was struck out because the claimant was not dismissed and the tribunal found it had no reasonable prospects of success. | Struck out | — | — |
| Other | The claimant withdrew the issue identified as 6.1.3 of the list of issues for the hearing, previously issue 9.1.3 of the February 2023 hearing; the allegation is not identifiable from the judgment text. | Withdrawn | — | — |
| Other | The claimant withdrew any allegation that he suffered personal injury as a result of negligence by the respondent, and that matter was dismissed on withdrawal. | Withdrawn | — | — |
Legal tests applied
2 references- no reasonable prospects of success
- little reasonable prospects of success
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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