Claimant v Asda Stores Limited
Outcome
Individual claims
The claim against the Second Respondent was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024 as it had no reasonable prospects of success, because the claimant was not employed by the Second Respondent. The claimant did not object to the strike-out.
Facts
The claimant Mr A Idris brought a claim against two respondents: Asda Stores Ltd (his employer) and Barkat Ali (an individual, presumably a manager or colleague). The Tribunal wrote to the claimant on 5 August 2025 warning that it was considering striking out the claim against the Second Respondent because the claimant was not employed by Mr Ali.
Decision
The Tribunal struck out the claim against the Second Respondent Barkat Ali under Rule 38 of the Employment Tribunal Procedure Rules 2024 on the basis it had no reasonable prospects of success. The claimant's representative confirmed on 6 August 2025 that the claimant did not object to the strike-out. The hearing against the First Respondent Asda Stores Ltd remains listed for 22 and 23 December 2025.
Practical note
Individual employees cannot normally be respondents to employment tribunal claims unless the claim involves specific torts or personal liability under discrimination legislation, and the employment relationship is with the corporate employer.
Legal authorities cited
Statutes
Case details
- Case number
- 1803921/2025
- Decision date
- 9 December 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- Yes