Claimant v Mitie Limited
Outcome
Individual claims
The claim was struck out under Employment Tribunal Rule 38(1)(a) because it had no reasonable prospect of success. The claimant's application to amend the claim was also refused by the tribunal.
Facts
Syed Hussain brought a claim against Mitie Ltd. During a preliminary hearing, the claimant applied to amend the claim, but this application was refused by the tribunal. The respondent was represented by counsel, Mr R Lassey, while the claimant appeared in person.
Decision
The tribunal refused the claimant's application to amend and struck out the entire claim under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. Oral reasons were given at the hearing.
Practical note
A claim lacking reasonable prospects of success may be struck out at a preliminary hearing, particularly where the claimant is unrepresented and unable to articulate a viable legal basis for their claims.
Legal authorities cited
Case details
- Case number
- 6009016/2025
- Decision date
- 9 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Mitie Limited
- Sector
- professional services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No