Mrs L Fitzgerald v Mike India 5 Ltd T/a The Brownsword Group: 2404407/2018 Mrs L Fitzgerald v Mike India 5 Ltd T/a The Brownsword Group: 2404407/2018
JUDGMENT
[1]The claimant's claims direct sex discrimination set out in paragraphs 1 to 3 under the heading ‘Details of Sex Discrimination Claim’ in the further particulars sent to the Tribunal on 16 November 2018, contrary to section 13 of the Equality Act 2010, are dismissed upon withdrawal.[2]The claimant’s claims of breach of contract (in respect of an alleged failure to pay notice pay) and non-payment of holiday pay are dismissed upon withdrawal.[3]The claimant’s application to amend her claim to include one allegation of direct sex discrimination set out in paragraph 4 under the heading ‘Details of Sex Discrimination Claim’ in the further particulars sent to the Tribunal on 16 November 2018 is refused, as the claim was not set out in her ET1 and was presented out of time. It was not just and equitable to allow the claim to proceed. Employment Judge S A Shore Case No. 2404407/2018 2 Date 11 January 2019REASONS
[1]The claimant was ordered to pay a deposit of £100.00 following a preliminary hearing held on 11 January 2019. The Order was sent to the claimant on 1 February 2019. The claimant has failed to pay this deposit. The complaints of breach of contract is therefore struck out under rule 39(4) of the Employment Tribunals Rules of Procedure 2013.[2]The hearing remains listed on 28 to 30 October 2019 for the claimant’s remaining claims.