Mr JC Waite v Sherwood Press (Nottingham) Ltd (THE): 2602124/2023
JUDGMENT
[1]The Claimant materially complied with the Unless Order of 21 May 2024 (the “Unless Order”) in respect of the complaint of unfair dismissal. That complaint was not therefore automatically struck out;[2]The Respondent’s applications to strike out the complaint of unfair dismissal or for a deposit order are both refused. That complaint will therefore proceed to a full merits hearing;[3]The Claimant materially failed to comply with the Unless Order in relation to the complaints of race harassment and victimisation. It is therefore declared that the complaints of race harassment and victimisation were automatically struck out;[4]It is in the interests of justice to grant relief from sanctions in relation to the complaint of race harassment. The race harassment complaint is therefore reinstated and shall proceed to a full merits hearing;[5]It is not in the interests of justice to grant relief from sanctions in relation to the complaint of victimisation. The complaint of victimisation therefore remains struck out; Page 1 of 3[6]It is not appropriate to deal with any out of time issues in relation to the complaint of race harassment at this hearing. That issue shall therefore be determined at the full merits hearing, if necessary;[7]The Respondent’s applications to strike out the complaint of race harassment as having no reasonable prospect of success or for a deposit order are both refused.[8]Case management orders for the final hearing are given separately.