Claimant v Rossendale Transport Limited
Outcome
Individual claims
Dismissed following a strike out warning on the basis that the complaint had no reasonable prospects of success. The claimant advanced no submission to the contrary at the hearing.
Dismissed following a strike out warning on the basis that the complaint had no reasonable prospects of success. The claimant advanced no submission to the contrary at the hearing.
Complaint regarding denial of access to a pension scheme was struck out on the basis that the tribunal had no jurisdiction to hear that type of complaint.
The tribunal found that the respondent made an unauthorised deduction from the claimant's wages in respect of accrued but untaken holiday entitlement as at the date of termination.
The claimant's remaining complaints of unauthorised deductions from wages were not well founded and were dismissed by the tribunal.
Facts
Mr Ready brought multiple claims against Rossendale Transport Limited including sex discrimination, equal pay, pension access, and unauthorised deductions from wages. The claimant had previously received a strike out warning regarding the sex discrimination and equal pay claims on the basis they had no reasonable prospects of success. The claimant represented himself at the hearing and advanced no submissions in response to the strike out warning.
Decision
The tribunal dismissed the sex discrimination and equal pay claims following the previous strike out warning. The pension access claim was struck out for lack of jurisdiction. The tribunal found in favour of the claimant on one aspect of unauthorised deductions relating to holiday pay but dismissed the remaining wages deduction complaints. The respondent was ordered to pay £54.60 gross for accrued but untaken holiday entitlement.
Practical note
Unrepresented claimants must respond substantively to strike out warnings and jurisdictional challenges, or risk having their claims dismissed without full consideration on the merits.
Award breakdown
Case details
- Case number
- 6000796/2024
- Decision date
- 29 January 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No