Claimant v The French Institute in London
Outcome
Individual claims
The tribunal struck out the claim of automatically unfair dismissal under s.100 ERA 1996 (health and safety dismissal) under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The claimant was unable to establish an arguable case that the dismissal fell within the protected category of health and safety dismissals.
Facts
The claimant L Rebouh brought a claim of automatically unfair dismissal under section 100 of the Employment Rights Act 1996, which protects employees dismissed for health and safety reasons. The respondent, The French Institute in London, applied to strike out the claim. The matter came before Employment Judge Kara Loraine at a preliminary hearing on 26 September 2025.
Decision
The tribunal struck out the claim under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. The judge concluded that the claimant could not establish an arguable case that the dismissal was automatically unfair under the health and safety protection provisions of s.100 ERA 1996.
Practical note
Claims under s.100 ERA 1996 require a clear nexus between the dismissal and protected health and safety activities, and will be struck out at preliminary stage if no reasonable prospect of success can be demonstrated.
Legal authorities cited
Statutes
Case details
- Case number
- 6006418/2025
- Decision date
- 26 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No