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3307758/2024Struck Out

dnata Catering UK Ltd

26 January 2026England & WalesEmployment Judge MJ Smith
GOV.UK

Case Summary

The claims of unfair dismissal, redundancy payment, breach of contract and unauthorized deduction of wages are struck out due to lack of reasonable prospect of success and non-compliance with a Tribunal Order.

Key Issues

  • explanation for why claimant did not include information in original claim form

Claim Types

Unfair DismissalWrongful DismissalBreach Of ContractUnlawful Deduction

Decision Text

1 EMPLOYMENT TRIBUNALS Claimant: Mr S Fernandes Respondent: dnata Catering UK Ltd Heard at: Reading via video On: 6 January 2026 Before: Employment Judge MJ Smith Appearances For the claimant: Mr Hassan N’Dow (representative) For the respondent: Mr Edward Nuttman (solicitor) JUDGMENT 1. The complaints of unfair dismissal, redundancy payment, breach of contract and unauthorised deduction of wages are struck out under Employment Tribunal Rule 38(1)(a) because it has no reasonable prospect of success. 2. The complaints of unfair dismissal, redundancy payment, breach of contract and unauthorised deduction of wages are struck out under Employment Tribunal Rule 38(1)(c) because the claimant has not complied with a Tribunal Order dated 4 October 2025. REASONS Introduction 3. The claimant is employed as a demi/sous chef by the respondent and commenced his employment on 18 August 2014. The claimant remains employed by the 2 respondent as at the date of the hearing. Early conciliation started on 28 June 2024 and ended on 2 July 2024. The claim form was presented on 31 July 2024. 4. The response was presented on 20 February 2025 after permission was given for more time. The respondent defends the claim. 5. A private Preliminary Hearing was listed on 26 September 2025 before Employment Judge Hawksworth with all parties in attendance. During that hearing EJ Hawskworth explained the legal test for victimisation and whistleblowing to the claimant and his representative. An order was made requiring the claimant to write to the respondent and the tribunal providing the following information by 7 November 2025 as set out in paragraph 13 of the order dated 4 October 2025 and sent to the parties on 28 October 2025: 13.1 If he thinks anything is wrong or missing from the ‘factual complaints’ section or the case summary below, he must explain what it is; 13.2 He must give answers to the questions wh...

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Employer

Respondent

dnata Catering UK Ltd

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Case Details

Case Number
3307758/2024
Decision Date
26/01/2026
Published
04/03/2026
Jurisdiction
England & Wales
Judge
Employment Judge MJ Smith