Case 6000177/2023 · Employment Tribunal
Mr P Elliott v Darwin Contract Management Ltd — 2023
- Case reference
- 6000177/2023
- Decision date
- 22 February 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Midgley Appearances
- Venue
- Bristol
Parties
2 namedClaimant
Mr P Elliott
Respondent
Key findings
Tribunal's reasoningAt the preliminary issue hearing on 10 February 2023 in Bristol before Employment Judge Midgley, the respondent was represented by Mrs C Brook and there was no attendance or representation for the claimant. The judgment states that the claimant's claims were a nullity and were struck out.
The tribunal recorded that the claimant was subject to an All Proceedings Order under section 42 of the Senior Courts Act 1981 and had not been permitted by the High Court to pursue the claims. On that basis, the proceedings could not continue in the employment tribunal.
The tribunal also found that the claimant's conduct of the proceedings was scandalous, vexatious and unreasonable, and stated that if the claims had not been a nullity they would have been struck out under Rule 37 of the Tribunal Rules. No merits findings or remedy were made.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Breach of contract | The judgment records that the claimant's claims were a nullity and were struck out on a preliminary issue; no merits determination was made. | Struck out | — | — |
| Other | This appears to correspond to the interim relief aspect of the case listing. The judgment records that the claims were a nullity and were struck out on a preliminary issue; no merits determination was made. | Struck out | — | — |
| Whistleblowing | The judgment records that the claimant's claims were a nullity and were struck out on a preliminary issue; no merits determination was made. | Struck out | — | — |
| Religion or belief discrimination | The judgment records that the claimant's claims were a nullity and were struck out on a preliminary issue; no merits determination was made. | Struck out | Religion or belief | — |
| Unfair dismissal | The judgment records that the claimant's claims were a nullity and were struck out on a preliminary issue; no merits determination was made. | Struck out | — | — |
Legal tests applied
2 references- s.42 SCA 1982
- Rule 37 of the Tribunal Rules
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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