Ms S Waite v Caldicot Group Ltd and Caldicot Fleet Maintenance Recovery Ltd (in Administration) (England and Wales : Maternity and Pregnancy Rights) -[2023] UKET 1601291/2022- (26 April 2023)

BAILII

Automated Summary

Key Facts

Case No: 1601291/2022 involved Ms Sarah Waite (Claimant) vs. Caldicot Group Limited and Caldicot Fleet Maintenance Recovery Limited (In Administration) (Respondents). The tribunal struck out the entire claim against Caldicot Group Limited for lacking reasonable prospects of success under Rule 37(1)(a) 2013 Regulations. The claim continues against Caldicot Fleet Maintenance Recovery Limited (In Administration), added as a party at the 26 April 2023 hearing in Cardiff (video).

Issues

  • The claim continued against Caldicot Fleet Maintenance Recovery Limited (In Administration), which was added as a party to the claim during the hearing on 26 April 2023.
  • The entire claim against Caldicot Group Limited was struck out due to having no reasonable prospect of success under Rule 37(1)(a) of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013.

Holdings

  • The entire claim against Caldicot Group Limited is struck out on the basis that it has no reasonable prospect of success under Rule 37(1)(a) of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013.
  • For the avoidance of doubt, the entire claim will continue against Caldicot Fleet Maintenance Recovery Limited (In Administration). This respondent was added as a party to the claim at the hearing today.

Remedies

  • The entire claim will continue against Caldicot Fleet Maintenance Recovery Limited (In Administration). This respondent was added as a party to the claim at the hearing today.
  • The entire claim against Caldicot Group Limited is struck out on the basis that it has no reasonable prospect of success under Rule 37(1)(a) of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013.

Legal Principles

The claim against Caldicot Group Limited was dismissed under Rule 37(1)(a) of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013, which allows claims to be struck out when they have no reasonable prospect of success.

Cited Statute

Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013

Judge Name

G Cawthray

Passage Text

  • 2. For the avoidance of doubt, the entire claim will continue against Caldicot Fleet Maintenance Recovery Limited (In Administration). This respondent was added as a party to the claim at the hearing today.
  • 1. The entire claim against Caldicot Group Limited is struck out on the basis that it has no reasonable prospect of success under Rule 37(1)(a) of Schedule 1 of the Employment Tribunals (Constitution & Rules of Procedure) Regulations 2013.