Cases8000192/2025

Claimant v Mr M Aslam

6 October 2025Before Employment Judge D N JonesScotlandremote video

Outcome

Partly successful

Individual claims

Unlawful Deduction from Wagesnot determined

Claim not yet struck out. Claimant given final opportunity to specify dates, hours and amounts of unpaid wages claimed (2,575 hours total alleged). Unless complies with order within 7 days, claim will be struck out without further procedure under rule 39.

Holiday Paystruck out

Claimant conceded he was paid in lieu of annual leave entitlement for the last year of employment. No information provided to support any other claim for holiday pay. Tribunal found claim had no prospects of success.

Working Time Regulationsstruck out

Claim regarding rest breaks wholly lacking in specification. Claimant only suggested he had to work throughout unspecified shifts with no break. Respondent's position was claimant entitled to 30-minute paid break. Tribunal found no prospects of success on current pleadings.

Direct Discrimination(sex)struck out

Claim related only to allegation that on unspecified occasions claimant required to deal with deliveries while female staff remained at till. Respondent argued material difference as claimant's English meant female staff should do customer-facing duties. Lack of specification and respondent's position led tribunal to find no prospects of success.

Whistleblowingstruck out

Information provided was vague and unspecified. No indication of basis for protected disclosure, to whom made, when made, or what detriment suffered. Tribunal found insufficient to demonstrate any prospects of success.

Detrimentstruck out

Claimant's suggestion of claim regarding failure to allow paternity leave was woefully unspecified. Questions in tribunal order not answered. Tribunal found it had no jurisdiction to determine such claim.

Redundancy Paystruck out

Claimant failed to answer questions regarding redundancy and failed to say whether he accepted another staff member recruited to replace him. Tribunal found claim hopeless.

Facts

The claimant, a retail worker for approximately two years, brought multiple claims including unpaid wages (2,575 hours), holiday pay, rest breaks, sex discrimination, whistleblowing and redundancy. He repeatedly failed to comply with tribunal orders requiring specification of his claims, providing only narrative responses instead of answers to specific questions. The respondent applied to strike out claims based on non-compliance, lack of specification, and allegations the claimant intimidated a witness. The claimant represented himself with interpreter assistance.

Decision

The tribunal struck out all claims against the first respondent and all claims against the second respondent except unlawful deduction of wages. Claims for holiday pay, rest breaks, sex discrimination, whistleblowing, paternity leave detriment and redundancy pay were struck out for having no prospects of success due to lack of specification, jurisdictional issues, or claimant concessions. The claimant was given one final opportunity (7 days) to properly specify his unpaid wages claim, failing which it would be struck out without further procedure.

Practical note

Self-represented claimants must comply with tribunal orders to specify claims with sufficient detail including dates, amounts and evidence; narrative responses and generalised allegations are insufficient and will result in strike out for having no reasonable prospects of success.

Legal authorities cited

Gainford Care Home v Tipple and anor [2016] EWCA Civ 382

Statutes

Employment Tribunal Rules 2024 rule 38(1)(c)Employment Tribunal Rules 2024 rule 39Employment Tribunal Rules 2024 rule 38(1)(a)

Case details

Case number
8000192/2025
Decision date
6 October 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
other
Represented
Yes
Rep type
solicitor

Employment details

Service
2 years

Claimant representation

Represented
No