Claimant v HM Revenue & Customs
Outcome
Individual claims
The claim was struck out under Rule 38(1) of the Employment Tribunal Procedure Rules 2024 on the basis that it has no reasonable prospects of success. The tribunal found it lacked jurisdiction to consider the complaint of unfair dismissal.
Facts
Mr Yousuf brought a claim of unfair dismissal against HMRC. The respondent was represented by counsel while the claimant appeared in person. The matter proceeded to a preliminary hearing to determine whether the tribunal had jurisdiction to hear the complaint.
Decision
Employment Judge Anderson struck out the unfair dismissal claim under Rule 38(1) on the basis that the claim had no reasonable prospects of success because the tribunal lacked jurisdiction to consider the complaint. The claimant's claim was therefore dismissed.
Practical note
Employment tribunals will strike out claims at preliminary hearings where they lack jurisdiction to hear the matter, regardless of the underlying merits.
Legal authorities cited
Statutes
Case details
- Case number
- 6012395/2025
- Decision date
- 7 November 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- central government
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No