Case 3333952/2018 · Employment Tribunal
In person For the v Respondent — 2019
- Case reference
- 3333952/2018
- Decision date
- 29 May 2019
- Jurisdiction
- England & Wales
- Judge
- Employment Judge C Palmer Appearances
- Venue
- Watford
Parties
1 namedClaimant
In person For the
Respondent
- —
Key findings
Tribunal's reasoningThe claimant worked for HHGL Limited in a services sales floor role from 29 April 2018 to 5 July 2018 and was summarily dismissed for gross misconduct following an incident on 15 June 2018 involving trolleys and items spilling onto the store floor. The judgment notes that the claimant had brought four closely related claims across linked case numbers, including unfair dismissal, age, disability and sex discrimination, protected disclosure, redundancy payment, and claims described as other payments and arrears of pay.
The tribunal had ordered the claimant to provide a dated list of the events said to amount to age, disability and sex discrimination, and then made an unless order when that information was not provided. The claimant said he had been in hospital for much of January to March 2019 and later said he was under hospital care and homeless for a period, but the tribunal found he could have provided the required information between 4 April 2019 and 8 May 2019 and had not done so. The strike-out order for the discrimination claims therefore stood, and the age, disability and sex discrimination claims were struck out.
The protected disclosure claim was struck out because it had not been set out in the claim forms and the claimant could not explain what disclosures had been made, to whom, or when. The claim for other payments and arrears of pay also failed because there was no credible evidence supporting the allegation that the claimant had worked without being clocked in. The unfair dismissal and redundancy payment claims were dismissed because the claimant had not been employed for two years, and the judgment concluded that all claims were dismissed with no remaining issues to be heard.
Claims and outcomes
7 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Age discrimination | Struck out after the claimant failed to comply with the unless order requiring a dated list of discrimination events. | Struck out | Age | — |
| Disability discrimination | Struck out on the same basis as the other discrimination claims after non-compliance with the tribunal's orders. | Struck out | Disability | — |
| Sex discrimination | Struck out on the same basis as the other discrimination claims after non-compliance with the tribunal's orders. | Struck out | Sex | — |
| Unfair dismissal | Dismissed because the claimant did not have two years' service. | Dismissed | — | — |
| Redundancy | Dismissed because the claimant did not have two years' service. | Dismissed | — | — |
| Whistleblowing | Claim pleaded as 'protected disclosure'; struck out because it was not set out in the claim forms and the claimant could not explain the alleged disclosures. | Struck out | — | — |
| Other | Claim for other payments and arrears of pay, including alleged unpaid time before clock-in; struck out for no reasonable prospect of success. |
Legal tests applied
3 references- unless order
- no reasonable prospect of success
- two years' service
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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