Case 4103082/2023 · Employment Tribunal
Mr M Kheder v Bakers Delights Ltd — 2023
- Case reference
- 4103082/2023
- Decision date
- 3 November 2023
- Jurisdiction
- Scotland
- Judge
- Employment Judge D Hoey
- Venue
- Chambers in Glasgow
Parties
2 namedClaimant
Mr M Kheder
Respondent
Key findings
Tribunal's reasoningThe Tribunal considered the respondent's application to strike out the claim under rule 37(1)(a) to (e) of the Employment Tribunal Rules, relying on arguments that the claims had no reasonable prospect of success, that the proceedings had been conducted scandalously, unreasonably or vexatiously, that there had been non-compliance with orders, that the claim had not been actively pursued, and that a fair hearing was no longer possible. The claimant's pleaded claims were unfair dismissal and sexual orientation discrimination. The Tribunal also noted that the document submitted with the application was in fact an amended response form dealing with the claims as clarified after the preliminary hearing.
Claims and outcomes
2 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The Tribunal did not determine the merits of this claim. It refused the respondent's strike-out application and held that the unfair dismissal issues, including the disputed continuity-of-employment point, required evidence at the final hearing. | Other | — | — |
| Sexual orientation discrimination | The Tribunal did not determine the merits of this claim. It refused the respondent's strike-out application and held that the dispute about whether the respondent knew of the claimant's sexual orientation and whether treatment changed was a factual issue for evidence. | Other | Sexual orientation | — |
Legal tests applied
13 references- rule 37 strike out
- overriding objective
- Cox v Adecco
- Bennett v London Borough of Southwark
- Abegaze v Shrewsbury College of Arts
- Blockbuster Entertainment Ltd v James
- Bolch v Chipman
- Ridsdill v D Smith and Nephew Medical
- Weir Valves and Controls (UK) Ltd v Armitage
- HM Prison Service v Dolby
- Hassan v Tesco Stores Ltd
- Arriva London North v Maseya
- Harris v Academies Enterprise Trust
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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