Claimant v Mr Glenn Wilson and Ms Kirsty Taylor t/a The Rivergarden Bar & Kitchen
Outcome
Facts
The claimant brought a claim against a partnership operating a bar and kitchen. On 18 August 2025, the claimant applied to strike out the respondent's response, alleging it had no reasonable prospect of success, contained scandalous and vexatious material, and amounted to improper conduct. The application consisted of a 23-page document with annexes challenging various propositions in the response.
Decision
Employment Judge Alliott dismissed the claimant's strike-out application. The judge concluded that the claimant's arguments required full examination of evidence at a merits hearing and could not determine at this preliminary stage that the response had no reasonable prospect of success, was scandalous, vexatious, or improper. The judge advised the claimant could make appropriate applications after the tribunal's findings at the full hearing.
Practical note
Strike-out applications challenging the credibility of a response will fail at preliminary hearings where determining the issues requires evaluation of contested evidence that should properly be heard at a full merits hearing.
Case details
- Case number
- 6013941/2024
- Decision date
- 26 November 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep