Automated Summary
Key Facts
Case No. 2403979/2017 involved Mr. A Adeeko (claimant) and Royal Haskoning DHV (Haskoning DHV UK Ltd) (respondent). The respondent's application to strike out the claim under rule 37(1)(b) was rejected by Employment Judge Ross on 7 November 2018, as a fair trial remained possible. The costs application was also stayed. The judgment was delivered orally, with written reasons only provided upon request within 14 days of the 20 November 2018 notification date.
Issues
- The respondent's application to strike out the claim on the basis set out in their application dated 21 August 2018 pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is not well-founded and fails because a fair trial is still possible.
- The respondent's application for costs pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is stayed.
Holdings
- The respondent's application to strike out the claim on the basis set out in their application dated 21 August 2018 pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is not well-founded and fails because a fair trial is still possible.
- The respondent's application for costs pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is stayed.
Remedies
- The respondent's application to strike out the claim on the basis set out in their application dated 21 August 2018 pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is not well-founded and fails because a fair trial is still possible.
- The respondent's application for costs pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is stayed.
Legal Principles
The tribunal applied Employment Tribunals Rule 37(1)(b) to assess the respondent's application to strike out the claim, determining it was not well-founded as a fair trial remained possible. Additionally, the application for costs under the same rule was stayed.
Cited Statute
Employment Tribunals Rules of Procedure 2013
Judge Name
Employment Judge Ross
Passage Text
- The judgment of the Tribunal is that: 1. The respondent's application to strike out the claim on the basis set out in their application dated 21 August 2018 pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is not well-founded and fails because a fair trial is still possible.
- 2. The respondent's application for costs pursuant to rule 37(1)(b) Employment Tribunals Rules of Procedure 2013 is stayed.