Mr W Westphal v London Day Surgery Centre Ltd: 3300288/2017

EMPLOYMENT TRIBUNALS

Case No 3300288/2017

Between

Mr W WestphalClaimant

London Day Surgery Centre LtdRespondent

Before

Employment Judge Manley

In person for claimant

Date 17 May 2017

[1]The claimant was not an employee of the respondent and his complaint of unfair dismissal is dismissed.

[2]The respondent having conceded that the claimant’s work with the respondent was within the definition of employment under Equality Act 2010, that complaint will proceed unless withdrawn or otherwise determined. ORDERS Made pursuant to the Employment Tribunal Rules 2013

[1]The claimant will state whether he wishes to pursue the complaint of sex discrimination and, if he does, give further details by 31 May 2017.

[2]The respondent has leave to present an amended response by 14 June 2017. Case Number: 3300288/17 2 CONSEQUENCES OF NON-COMPLIANCE

[1]Failure to comply with an order for disclosure may result on summary conviction in a fine of up to £1,000 being imposed upon a person in default under s.7(4) of the Employment Tribunals Act 1996.

[2]The Tribunal may also make a further order (an “unless order”) providing that unless it is complied with, the claim or, as the case may be, the response shall be struck out on the date of non-compliance without further consideration of the proceedings or the need to give notice or hold a preliminary hearing or a hearing.

[3]An order may be varied or revoked upon application by a person affected by the order or by a judge on his/her own initiative. Dated: 17 May 2017 ____________________ Employment Judge Manley Sent to the parties on: ...................................................................... ...................................................................... For the Secretary to the Tribunals Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.