Case 8000623/2024 · Employment Tribunal
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000623/2024 Preliminary Hearing by Cloud Video Platform at Edinburgh on September 2024 Hamed Darragi v Respondent — 2024
- Case reference
- 8000623/2024
- Decision date
- 10 September 2024
- Jurisdiction
- Scotland
Parties
1 namedClaimant
EMPLOYMENT TRIBUNALS (SCOTLAND) Case No: 8000623/2024 Preliminary Hearing by Cloud Video Platform at Edinburgh on September 2024 Hamed Darragi
Respondent
- —
Key findings
Tribunal's reasoningHamed Darragi presented claims on 9 May 2024 alleging unfair dismissal, discrimination on grounds of race, disability and religion or belief, and unlawful deprivation of certain payments. A preliminary hearing was listed for 9 September 2024 at Edinburgh by Cloud Video Platform. The claimant did not attend, while the respondent attended through Mr J Bryan, barrister, instructed by Mr F Eastwell, solicitor.
Before the hearing, the claimant sent emails on 8 September 2024 apologising for not attending and referring to health issues and his evidence and witnesses. He then emailed again on 9 September 2024 stating that, due to health reasons, he was unable to continue with the case. The tribunal first treated the earlier email as a postponement application, but after reading the later email with the earlier correspondence and hearing from the respondent, it concluded that the claimant intended to withdraw the claim.
The employment judge held that the withdrawal was unambiguous, that the claimant had not reserved any right to bring the claim again, and that it was appropriate in the interests of justice to issue a dismissal judgment under Rule 52 of the Employment Tribunals Rules of Procedure 2013. The judgment therefore dismisses the claims following withdrawal and makes no findings on the substantive merits of any complaint. No financial award was made.
Claims and outcomes
5 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The claim was withdrawn by the claimant and dismissed under Rule 52; the tribunal made no merits findings. | Dismissed | — | — |
| Race discrimination | The claim was withdrawn by the claimant and dismissed under Rule 52; the tribunal made no merits findings. | Dismissed | Race | — |
| Disability discrimination | The claim was withdrawn by the claimant and dismissed under Rule 52; the tribunal made no merits findings. | Dismissed | Disability | — |
| Religion or belief discrimination | The claim was withdrawn by the claimant and dismissed under Rule 52; the tribunal made no merits findings. | Dismissed | Religion or belief | — |
| Unlawful deduction from wages | The judgment described this as being unlawfully deprived of certain payments; it was withdrawn by the claimant and dismissed under Rule 52. | Dismissed | — | — |
Legal tests applied
2 references- Rule 51
- Rule 52 of the Employment Tribunals Rules of Procedure 2013
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.
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