Gateshead Metropolitan Council

Case Summary

The claimant's claims for unlawful deduction of wages and unpaid student loan were struck out pursuant to rule 38 of the ET Rules of Procedure 2024. The claimant was given two opportunities to object to the proposal to strike out but failed to provide written objections by the specified deadlines. Employment Judge Sweeney was satisfied that the claims had no reasonable prospect of success and were properly struck out.

The claims were struck out because they had no reasonable prospect of success. The claimant was given reasonable opportunity to object to the proposal to strike out on two occasions but failed to provide written objections by the required deadlines.

• •Whether claims for unlawful deduction of wages and unpaid student loan have reasonable prospects of success

EMPLOYMENT TRIBUNALS Claimant: Isobel Thomson Respondent: Gateshead Metropolitan Council On: 20 April 2026 At: Newcastle Employment Tribunal JUDGMENT 1. The following claims are struck out pursuant to rule 38 of the ET Rules of Procedure 2024: a. Unlawful deduction of wages b. Unpaid student loan REASONS 2. On 29 January 2026, Employment Judge Smith wrote to the Claimant to say that he was considering striking out the above claims on grounds that they appeared to have no reasonable prospects of success. He set out his reasons for so proposing. 3. Judge Smith ordered that, should the Claimant wish to object to that proposal, she must do so in writing by 30 January 2026 giving reasons or requesting a hearing. 4. The Claimant did not send any written objections. 5. On 02 April 2026, Employment Judge Aspden gave the Claimant a further opportunity to do so, by 09 April 2026. The Claimant did not sent any written objections. 6. I am satisfied that the Claimant was given a reasonable opportunity to respond to the proposal and that the claims have no reasonable prospect of success for the reasons given by Judge Smith. Accordingly, those claims are struck out pursuant to rule 38. _____________________________ Employment Judge Sweeney Date: 20 April 2026