Mr D Sargent v Marstons plc: 2301700/2024
JUDGMENT
[1]The claim of harassment or discrimination on grounds of sex is struck out under rule 37(1)(a) as out of time, on the basis that there is no reasonable prospect of the tribunal having jurisdiction to consider it.[2]All other claims, i.e. those based on the claimant’s dismissal, including allegations of harassment on grounds of disability and sexual orientation said to have culminated in his dismissal, shall proceed to a final hearing on 10 February 2025.REASONS
[1]The claimant was ordered to pay a deposit of £10 following a preliminary hearing held on 09/072/2024. The Order was sent to the claimant on 24/07/2024..The claimant has failed to pay this deposit. The complaint that he was a) entitled to holiday pay from a previous holiday year; and b) his dismissal was an act of sex discrimination is therefore struck out under rule 40(4) of the Employment Tribunals Rules of Procedure 2024. Approved by Employment Judge T Perry Date: 14 February 2025[2]Case No: 2301700/2024 EMPLOYMENT TRIBUNALS Claimant: Mr D Sargent Respondent: Marston’s plc Heard at: London South Employment Tribunal, Croydon (by video) On: 12 December 2025 Before: Employment Judge Abbott Representation Claimant: Mr S Lampard, friend of the claimant Respondent: Miss G Corby, barrister, instructed by Howes Percival LLP[3]JUDGMENT ON STRIKE OUT APPLICATION The respondent’s application of 10 December 2025 to strike out the claim is refused. Approved by: