Claimant v Caffe Concerto Cake Studio
Outcome
Individual claims
The tribunal struck out the unfair dismissal complaint under Employment Tribunal Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The tribunal determined at a preliminary hearing that the claim could not succeed on its merits.
Facts
Mr Ullah brought a claim for unfair dismissal against two respondents, Caffe Concerto Cake Studio and Caffe Concerto Paye Limited. The respondents applied for the claim to be struck out at a preliminary hearing. The claimant appeared in person with his wife accompanying him.
Decision
Employment Judge Din struck out the unfair dismissal claim under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. Reasons were given orally at the hearing and written reasons were not provided with the judgment.
Practical note
Even at a preliminary stage, a claim can be struck out if the tribunal determines it has no reasonable prospect of success, preventing unmeritorious claims from proceeding to full hearing.
Case details
- Case number
- 3305362/2024
- Decision date
- 16 December 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No