Mr O Azeez-Adefarati v Mitie Ltd: 2206547/2021
JUDGMENT
[1]The Respondent’s application to strike out the Claimant’s claims as having no reasonable prospect of success, pursuant to Rule 37(1)(a) of Schedule 1 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 (“the ET Rules”) fails and is dismissed.[2]The Respondent’s application for a deposit order, pursuant to Rule 39 of the ET Rules fails and is dismissed.[3]There shall be no strike out or deposit order in relation to any Claimant’s claims (or part of the Claimant’s claims) on the grounds that the claims (or part of the claims) have been presented out of time. Any remaining jurisdictional/time issues (if any) shall be determined at the final hearing.[4]The Claimant’s application to strike out the Respondent’s response or, in the alternative, make a deposit order against the Respondent is dismissed, having been withdrawn by the Claimant.[5]The Respondent has acted unreasonably and not in accordance with the overriding objective under Rule 2 of the ET Rules in continuing to pursue the applications for a strike out and a deposit order following the Claimant’s submission of further and better particulars on 21 February 2022.