Cases2401341/2024

Claimant v Disclosure and Barring Service

15 September 2025Before Employment Judge DunlopManchesterremote video

Outcome

Other

Individual claims

Automatic Unfair Dismissalnot determined

This was a preliminary hearing on the respondent's application to strike out the claim. The tribunal refused the strike-out application and the claim will proceed to a full hearing.

Unfair Dismissalnot determined

The respondent applied for a deposit order in relation to this claim. The tribunal refused the deposit order application and the claim will proceed to a full hearing.

Facts

This was a preliminary hearing to consider the respondent's application to strike out the claimant's automatic unfair dismissal claim relating to taking family leave, and an alternative application for deposit orders in relation to both the automatic unfair dismissal and ordinary unfair dismissal claims. The claimant, Miss C Cook, represented herself while the Disclosure and Barring Service was represented by counsel.

Decision

Employment Judge Dunlop refused both the respondent's strike-out application and the alternative deposit order applications. The claims will proceed to a full merits hearing.

Practical note

A public body's attempt to strike out or impose deposit orders on an unrepresented claimant's automatic unfair dismissal claim related to family leave was unsuccessful at preliminary hearing stage.

Case details

Case number
2401341/2024
Decision date
15 September 2025
Hearing type
preliminary
Hearing days
1
Classification
contested

Respondent

Sector
public sector
Represented
Yes
Rep type
barrister

Claimant representation

Represented
No