Claimant v Barchester Healthcare Limited
Outcome
Individual claims
The majority of the unfair dismissal claim was struck out as having no reasonable prospect of success. However, the claim survived to the extent it alleged procedural unfairness arising from the respondent's failure to respond to the claimant's grievance and failure to allow her to have her appeal heard.
Facts
Mrs Shaw was dismissed by Barchester Healthcare Ltd and brought an unfair dismissal claim. The respondent applied to strike out the claim. The claimant appeared in person while the respondent was represented by a King's Counsel.
Decision
The tribunal struck out most of the unfair dismissal claim as having no reasonable prospect of success. However, the claim survived to the limited extent that it alleged procedural unfairness arising from the respondent's failure to respond to the claimant's grievance and failure to allow her appeal to be heard.
Practical note
A partial strike-out is possible where some aspects of an unfair dismissal claim have no reasonable prospect of success while others, particularly those relating to procedural fairness in grievance and appeal handling, may proceed.
Case details
- Case number
- 1304665/2021
- Decision date
- 31 October 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- healthcare
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No