Working Time & Holiday Pay · fate
Struck out
44 cases
Work coach (2 years' service) v Department for Work and Pensions
An employment tribunal struck out a work coach's direct sex discrimination claim after she was dismissed for unauthorised searches, but allowed her discrimination arising from disability claim to proceed.
Partial · Dec 2023Partial—Dec 2023Labourer (construction) v Ardmore Construction Limited
A construction labourer who alleges he was subjected to monkey chants and racist abuse can proceed with his claim after the tribunal refused to strike it out, despite his late compliance with orders.
Remitted · Dec 2023Remitted—Dec 2023Head of Trade and Data (over 5 years' service) and Head of Finance (over 7 years' service) v Hallett Retain Services Ltd (in voluntary liquidation)
Two former employees who brought claims for unfair dismissal, discrimination and redundancy had their cases thrown out after failing to attend the final hearing or provide any evidence.
Dismissed · Dec 2023Dismissed—Dec 2023Former employee v Navaratna South Indian Restaurant Ltd.
A former employee's unfair dismissal claim against Navaratna South Indian Restaurant Ltd. was struck out after she failed to attend a hearing and did not comply with case management orders. No compensation was awarded.
Dismissed · Nov 2023Dismissed—Nov 2023Chartered Surveyor (self-employed consultant) v Clements Agency Limited
A chartered surveyor who worked for Clements Agency Limited for nearly 30 years on a self-employed basis had his claim for unfair dismissal and discrimination struck out. The tribunal found he had no reasonable prospect of proving he was an employee.
Dismissed · Nov 2023Dismissed—Nov 2023Former employee v Cinzia Morris and Ian Morris
A former employee's race and religion discrimination claims were struck out after she failed to provide a properly constructed amendment despite a tribunal order. Her solicitor's last-minute postponement request was refused.
Dismissed · Nov 2023Dismissed—Nov 2023Job applicant (employment status disputed) v General Mills UK Limited
An employment tribunal struck out a claim after the claimant accused the respondent of orchestrating her eviction, finding the allegations scandalous and vexatious.
Dismissed · Sept 2023Dismissed—Sept 2023Former employee v Sapphire Accounting and Randstad Construction Agency
A former employee's unfair dismissal claim was struck out after he failed to attend a preliminary hearing and did not provide evidence to show his claim was filed in time.
Dismissed · Sept 2023Dismissed—Sept 2023Former employee v Worker Bee UK Ltd
A tribunal struck out a former employee's claims against Worker Bee UK Ltd after she failed to comply with multiple orders and did not actively pursue her case, making a fair hearing impossible.
Dismissed · Aug 2023Dismissed—Aug 2023Former employee v Department for Education
A former employee who filed eight separate claims against the Department for Education and others has had all claims struck out after the tribunal found his conduct scandalous, unreasonable and vexatious.
Dismissed · Aug 2023Dismissed—Aug 2023Former employee v Elizabeth Cardy
A former employee's unfair dismissal and redundancy claims were struck out because she had less than two years' service. Her remaining claims were also struck out after she did not attend the final hearing.
Dismissed · Aug 2023Dismissed—Aug 2023Former employee v Ontrak Recruitment and Training
A former employee's unfair dismissal and other claims were struck out after the tribunal found he lacked the two-year qualifying service and failed to comply with orders or attend hearings.
Dismissed · Jul 2023Dismissed—Jul 2023Senior academic (highly qualified, working in a senior position) v QAHE Ltd
A highly qualified academic who failed to provide a supplemental impact statement as ordered by the tribunal has been ordered to pay £1,000 in costs. The tribunal found his conduct unreasonable and that it caused a hearing to be postponed.
Lost · Jul 2023Lost—Jul 2023Former employee v Mitie FM Ltd
A tribunal struck out one part of a former employee's race discrimination claim because the alleged discriminatory act was carried out by a third party, but allowed other allegations to proceed.
Dismissed · Jul 2023Dismissed—Jul 2023Former employee v Financial Ombudsman Service Limited
A former complainant who claimed to be an employee of the Financial Ombudsman Service had all his claims struck out after failing to attend a preliminary hearing and providing no evidence of an employment relationship.
Dismissed · Jul 2023Dismissed—Jul 2023Former employee v Tesco Stores Ltd
A former employee's claim for constructive dismissal and disability discrimination was struck out after she repeatedly failed to comply with tribunal orders to provide particulars of her allegations.
Dismissed · Jun 2023Dismissed—Jun 2023Former employee v The Commissioners for HM Revenue and Customs
A former HMRC employee who did not attend his final hearing after three postponement requests were refused has had all his claims dismissed by the Newcastle Employment Tribunal.
Dismissed · May 2023Dismissed—May 2023Former employee v West Midlands Ambulance Service University NHS Foundation Trust
A former employee who failed to attend his final hearing and repeatedly ignored tribunal orders has had all his claims dismissed. The tribunal found no realistic prospect of progressing the case.
Dismissed · May 2023Dismissed—May 2023Former employee v Plain Jane Limited
A former employee's claim was struck out after her witness statement arrived four minutes late. The tribunal set aside the strike-out, finding she was not at fault and a fair hearing remained possible.
Remitted · May 2023Remitted—May 2023Former employee v Total Support Services Limited
A former employee's claims for unfair dismissal and disability discrimination were struck out for failing to pursue them, but the tribunal allowed her claims for notice pay and holiday pay to proceed as they were undisputed.
Partial · May 2023Partial—May 2023Former apprentice electrician v Power Up Manchester Limited
A former apprentice electrician had his unfair dismissal and discrimination claims dismissed after he failed to attend a preliminary hearing and ignored tribunal orders. The employer was awarded £760 in preparation costs.
Dismissed · May 2023Dismissed—May 2023Doctor (NHS trainee) v Health Education England
An NHS trainee doctor who flew to India for his mother's surgery after a tribunal refused to postpone a 35-day hearing had his unfair dismissal claim struck out for unreasonable conduct.
Dismissed · May 2023Dismissed—May 2023Former employee v Revere Riverside Ltd
A former employee's unfair dismissal claim was struck out after her employer was dissolved and she could not afford the £585 fee to restore it to the register.
Dismissed · Apr 2023Dismissed—Apr 2023Former employee (certification suspended after dismissal) v Isle of Wight NHS Trust
The tribunal dismissed unfair and wrongful dismissal claims after the claimant failed to attend the final hearing, and ordered her to pay £1,400 in costs for repeated delays and non-compliance.
Lost · Apr 2023Lost—Apr 2023Car mechanic v AJSHM Limited
A car mechanic who claimed unfair dismissal and redundancy pay had his case struck out after he failed to comply with a tribunal order and ignored a strike-out warning. The tribunal decided the claim should be dismissed due to non-compliance.
Dismissed · Apr 2023Dismissed—Apr 2023Former employee v EDF Energy Limited
A former employee's unfair dismissal and disability discrimination claims were struck out after he repeatedly failed to comply with tribunal orders to provide a disability impact statement, and did not attend any hearings.
Dismissed · Mar 2023Dismissed—Mar 2023Commis chef (zero hours contract) v Eclipse Hotels (Bristol) Ltd
A commis chef on a zero-hours contract was fairly dismissed for failing to attend assigned shifts, but the tribunal awarded him £1,687.38 for unpaid notice pay because the employer did not follow the correct notice procedure.
Partial · £1,687 · Mar 2023Partial£1,687Mar 2023Former employee v Rujia Marketing Consultants Limited
A former employee with less than two years' service has been awarded £3,095.34 for unlawful deductions, wrongful dismissal, and failure to provide written particulars after her employer failed to attend the final hearing.
Won · £3,095 · Feb 2023Won£3,095Feb 2023Nurse (15 years' service) v Mission Care Management Limited
A nurse with 15 years' service was dismissed for gross misconduct after taking annual leave that was only partially approved. The tribunal upheld her wrongful dismissal claim, awarding £5,275.36.
Partial · £5,275 · Feb 2023Partial£5,275Feb 2023Cleaner (1 year 9 months' service) v Anglia Cleaning Solutions Limited
A cleaner who was left waiting for a manager who never showed up, and later told the cleaning contract had ended, has been awarded £785.73 for unpaid wages, holiday pay, notice pay, expenses, and pension contributions.
Partial · £786 · Jan 2023Partial£786Jan 2023Former employee v Ion Man Limited
A tribunal dismissed a former employee's claim for unpaid wages and holiday pay after he failed to attend the telephone hearing. His application for reconsideration was refused because the notice had been sent to his email address.
Dismissed · Jan 2023Dismissed—Jan 2023Former employee v Change Hospitality Hub Ltd
A former employee's claim for holiday pay was dismissed after she failed to attend the final hearing and did not comply with case management orders. The tribunal found she had not actively pursued her claim.
Dismissed · Jan 2023Dismissed—Jan 2023Former employee v British Airways Plc
A former employee's claim against British Airways survives a strike-out bid after a 7-day delay in providing dates for events, with the tribunal ruling that striking out would be disproportionate.
Dismissed · Jan 2023Dismissed—Jan 2023Former employee v Nano Fibre UK Ltd
A former employee's unfair dismissal claim was struck out because he had less than two years' service, and his remaining claims were dismissed after he failed to attend the hearing or comply with case management orders.
Dismissed · Jan 2023Dismissed—Jan 2023PR and Community Manager v Arjuna Seth Shoes Limited
An employment tribunal struck out a former PR and community manager's claims of sexual harassment and victimisation after she failed to pursue them for over two and a half years, following the respondent's liquidation.
Dismissed · Dec 2022Dismissed—Dec 2022Former employee v David Paul Warnock
Three former employees had their unfair dismissal complaints struck out because they had less than two years' service. However, they won default judgments for unauthorised deductions and holiday pay, totalling £2,891.77.
Partial · £2,892 · Dec 2022Partial£2,892Dec 2022Former employee v Drive DeVilbiss Healthcare Ltd
A former employee who did not dial in to a preliminary telephone hearing had his claims of constructive unfair dismissal, age discrimination and unpaid wages thrown out. His late application for reconsideration was also refused.
Dismissed · Nov 2022Dismissed—Nov 2022Former employee (telephony service worker) v Capita Customer Management Ltd
A former Capita employee had her unfair dismissal claim struck out after she refused to engage with documents during cross-examination, making a fair hearing impossible.
Dismissed · Nov 2022Dismissed—Nov 2022Kitchen Assistant/Relief Cook (16 years' service) v Thames Reach Charity
A kitchen assistant with 16 years' service had her disability discrimination claim struck out after failing to comply with a deposit order. The tribunal found no reasonable excuse for non-payment.
Dismissed · Nov 2022Dismissed—Nov 2022Head Teacher / Principal (part-time) v Darul Uloom Al Arabiya Al Islamia
An employment tribunal has refused to strike out most claims brought by a former head teacher against Darul Uloom Al Arabiya Al Islamia, including allegations of disability discrimination and whistleblowing detriment. However, the reasonable adjustments claim was ordered to be subject to a deposit order hearing.
Partial · Nov 2022Partial—Nov 2022Former employee (Principal Stylist) v Ms M Bratton and Evanlils Ltd
A tribunal dismissed all claims of unfair dismissal and homophobic abuse brought by a former Principal Stylist after he failed to attend the preliminary hearing or comply with case management orders.
Dismissed · Nov 2022Dismissed—Nov 2022Relief Manager (20 hours/week) v RSPCA North Somerset Branch
A relief manager who was dismissed after sending an inflammatory email and failing to comply with instructions lost his unfair dismissal, whistleblowing, and disability discrimination claims. The tribunal found no protected disclosures and no discrimination.
Lost · Oct 2022Lost—Oct 2022Former employee v Virgin Media
A former Virgin Media employee had his latest tribunal claims struck out after bringing complaints that had already been decided in previous cases. The tribunal found the claims had no reasonable prospect of success.
Dismissed · Sept 2022Dismissed—Sept 2022Former employee v Shoosmiths LLP
A former employee had his unfair dismissal claim struck out after telling the tribunal he could not play cricket due to disability, when in fact he played cricket in 2021. The tribunal found he deliberately misled the court.
Dismissed · Aug 2022Dismissed—Aug 2022
