Mr J Bennett v Gristwood and Toms Ltd

Case Numbers:1309960/2020

EMPLOYMENT TRIBUNALS Claimant: Mr J Bennett Respondent: Gristwood and Toms Limited Heard at: Birmingham On: 7 November 2023 Before: Employment Judge Choudry (sitting alone) Appearances For the claimant: In person For the respondent: Mr J Yetman (Counsel)

JUDGMENT The claimant’s outstanding claims for breach of contract, ordinary unfair dismissal and automatically unfair dismissal are struck out on the basis that (i) the claimant has conducted the proceedings unreasonably; (ii) the claimant has failed to comply with the rules; and (iii) the claim has not being actively pursued. .

REASONS Background (1) By a claim form received 21 October 2020 the claimant brought claims for unfair dismissal (ordinary and automatically unfair dismissal), discrimination on the grounds of race, disability and religion or belief, redundancy pay and other payments. (2) The claims for race discrimination and redundancy pay were withdrawn by the claimant at a preliminary hearing on 1 April 202...

took place during the hearing. The claimant also requested a short adjournment which was granted. The Law Strike out (10) Rule 37(1)(b) of the Rules provides that: “(1) At any stage of the proceedings, either on its own initiative or on the application of a party, a Tribunal may strike out all or part of a claim or response on any of the following grounds— … (b) that the manner in which the pro...