Case 6018872/2024 · Employment Tribunal
Mr F Dragomir v City Abseiling Limited RECORD OF A PRELIMINARY HEARING — 2023
- Case reference
- 6018872/2024
- Decision date
- 21 September 2023
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Beckett Appearances
- Venue
- London South via CVP
Parties
2 namedClaimant
Mr F Dragomir
Key findings
Tribunal's reasoningThis was a reserved judgment following a preliminary hearing on the claimant's application to strike out the respondent's ET3 and grounds of resistance. The claimant relied on alleged disclosure failures, alleged unreasonable or abusive conduct in the proceedings, alleged non-compliance with orders, and an argument that the response was not being actively pursued.
The tribunal refused the application. It found no ground on which the response should be struck out, considered that disclosure had been completed or was near completion, and stated that a fair trial remained possible. The tribunal noted that the substantive dispute required fact-finding about the claimant's status and the circumstances of the end of the engagement, with arguments and evidence on each side.
No remedy was awarded. The substantive employment claims were not decided in this judgment and were to proceed toward final hearing.
Claims and outcomes
1 finding recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Other | The judgment adjudicated the claimant's application to strike out the respondent's ET3 and grounds of resistance, and refused that application. The substantive claims identified in the claim form, including unfair dismissal, statutory redundancy payment, statutory notice pay, arrears of pay, other payments, and failure to provide written particulars, were not finally determined and remained for a final hearing. | Dismissed | — | — |
Legal tests applied
7 references- Rule 38 of the Employment Tribunal Rules of Procedure 2024
- no reasonable prospect of success
- deliberate and persistent disregard for procedural steps
- fair trial impossible
- proportionate response
- Blockbuster Entertainment Ltd v James 2006 IRLR 630, CA
- Bennett v Southwark London Borough Council 2002 ICR 881, CA
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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