Claimant v Dave's Books and Comics Ltd
Outcome
Individual claims
The tribunal struck out the unfair dismissal claim pursuant to section 94 Employment Rights Act 1996 on the basis that it had no reasonable prospect of success. The tribunal determined the claim could not succeed on its merits even if the facts alleged by the claimant were proven.
Facts
Mr Middleton brought a claim for unfair dismissal against Dave's Books and Comics Ltd. The case proceeded to a preliminary hearing conducted by video. Both parties were represented by lay representatives. The tribunal determined that the unfair dismissal claim had no reasonable prospect of success.
Decision
Employment Judge Musgrave-Cohen struck out the claimant's unfair dismissal claim on the basis it had no reasonable prospect of success under section 94 Employment Rights Act 1996. This was a preliminary hearing and the claim was dismissed without proceeding to a full merits hearing.
Practical note
A claim for unfair dismissal can be struck out at a preliminary hearing if the tribunal determines it has no reasonable prospect of success, even before the facts are fully tested.
Legal authorities cited
Statutes
Case details
- Case number
- 2302130/2024
- Decision date
- 5 September 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- Yes
- Rep type
- lay rep
Claimant representation
- Represented
- Yes
- Rep type
- lay rep