Claimant v Bennetts Car Parts
Outcome
Individual claims
The claim was struck out on the basis that it had no reasonable prospect of success because the claimant had less than two years continuous service with the respondent, which is required to bring an ordinary unfair dismissal claim. The claimant failed to make representations or request a hearing following the tribunal's notice.
Facts
Mr Bexley brought an unfair dismissal claim against Bennetts Car Parts. The tribunal wrote to him on 24 June 2025 indicating his claim had no reasonable prospect of success because he had less than two years continuous service, which is required for ordinary unfair dismissal claims. He was given an opportunity to make representations or request a hearing, but failed to respond.
Decision
Employment Judge Graham struck out the unfair dismissal complaint on the papers. The claim had no reasonable prospect of success due to insufficient qualifying service, and the claimant failed to make any representations or request a hearing after being given the opportunity to do so.
Practical note
A claimant without two years service cannot bring an ordinary unfair dismissal claim, and failure to respond to a tribunal's strike-out notice will result in the claim being struck out on the papers.
Legal authorities cited
Statutes
Case details
- Case number
- 3301481/2025
- Decision date
- 2 September 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Sector
- retail
- Represented
- No
Claimant representation
- Represented
- No