Case 4105550/2017 · Employment Tribunal
Mrs J Donkor v City Facilities Management (UK) Ltd — 2018
- Case reference
- 4105550/2017
- Decision date
- 14 August 2018
- Jurisdiction
- Scotland
- Judge
- Employment Judge Mary Kearns
Parties
2 namedClaimant
Mrs J Donkor
Respondent
Key findings
Tribunal's reasoningThe claimant's employment terminated on 10 February 2017. She notified ACAS on 24 April 2017, ACAS issued an early conciliation certificate on 7 June 2017, and the claimant presented an out of time claim on 7 November 2017 for unfair dismissal, race discrimination and unspecified other payments. The judgment records that she gave no details or descriptions of those claims.
The claimant was instructed on several occasions to send the respondent a copy of the Preliminary Hearing agenda and did not do so. A strike out warning letter was issued on 19 April 2018 ordering compliance by 30 April 2018. The claimant did not respond by that date and did not state that the claim should not be struck out.
Employment Judge Kearns struck out the claim under rule 37 of the Employment Tribunal Rules on the ground that it had not been actively pursued, specifically by reference to rule 37(1)(d). No remedy was awarded or recorded.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The unfair dismissal claim was included in an out of time claim presented on 7 November 2017, but the judgment records that no details or descriptions of the claims were given. | Struck out | — | — |
| Race discrimination | The race discrimination claim was included in an out of time claim presented on 7 November 2017, but the judgment records that no details or descriptions of the claims were given. | Struck out | Race | — |
| Other | The judgment refers to 'unspecified other payments' and records that no details or descriptions of these claims were given, so the payment claim cannot be classified more specifically. | Struck out | — | — |
Legal tests applied
2 references- rule 37
- rule 37(1)(d)
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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