The Pensions Regulator
Case Summary
Employment Judge Cawthray dismissed the Respondent’s application to strike out part of the Claimant’s claim. The judge found that the complaints had reasonable prospects of success.
Key Issues
- •Should parts of the Claimant’s part-time worker complaints as identified in the Respondent’s submissions be struck out because they have no reasonable prospect of success? Do the allegations have little reasonable prospect of success? If so, should the Claimant be ordered to pay a deposit of between £1 and £1,000 as a condition of continuing with the allegations?
Claim Types
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Mr. S McCreadie Ford Respondent: The Pensions Regulator Heard at: London South, by video On: 6 May 2025 Before: Employment Judge Cawthray Representation Claimant: In person, not legally qualified Respondent: Mr. Keith, Counsel RESERVED JUDGMENT 1. The Respondent’s application to strike out part of the Claimant’s claim is dismissed. 2. At the relevant times the claimant was a disabled person as defined by section 6 Equality Act 2010 because of anxiety. REASONS Application for Strike Out and Deposit Order 1. On 28 February 2025 the Respondent wrote to the Tribunal and made an application that the Claimant’s part-time worker claims be struck out, and in the alternative a deposit order be made. The Claimant has brought claims under Regulations 5 and 7 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the complaints which are set out in the list of issues at paragraphs 4 and 5. 2. The application to strike out was made on the basis that the complaints were scandalous, or vexatious, or had no reasonable prospects of success. At the start of the hearing, following a question from me, Mr. Keith clarified that that the application was only being pursued on the ground of no reasonable prospect of success. 3. The Mr. Keith provided written submissions which clarified the application, and made brief oral submissions at the hearing. 4. The Claimant submitted response to the application on 24 March 2025, but also made submissions at the hearing. 5. At the hearing today the Claimant was asked questions about his means to pay any deposit ordered. The Issues 6. The issues for determination were as set out below: a. Should parts of the Claimant’s part-time worker complaints as identified in the Respondent’s submissions be struck out because they have no reasonable prospect of success? b. Do the al...
Employer
Case Details
- Case Number
- 2305513/2023
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision Date
- 07/05/2025
- Published
- 21/05/2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Cawthray