Outcome
Individual claims
The claim was struck out for having no reasonable prospects of success as the claimant lacked the required two years' qualifying service under section 108 ERA 1996, and no specific circumstances applying exceptions were evident. The claimant failed to make any representations or request a hearing after being given the opportunity to do so.
Facts
The claimant brought an unfair dismissal claim against two respondents, Staffline and BMW. Other complaints in the original claim form had been rejected. The tribunal indicated that the unfair dismissal claim appeared to have no reasonable prospects of success because the claimant lacked the two-year qualifying service required under section 108 ERA 1996. The claimant was given until 10 June 2025 to make representations or request a hearing but failed to respond.
Decision
Employment Judge Quill struck out the entire claim on the basis that it had no reasonable prospects of success due to the claimant's insufficient qualifying service for unfair dismissal, and the claimant's failure to engage with the tribunal's order to make representations or request a hearing.
Practical note
Unrepresented claimants who fail to respond to unless orders or opportunities to make representations risk having their claims struck out for lack of engagement and merit.
Legal authorities cited
Statutes
Case details
- Case number
- 6009502/2025
- Decision date
- 24 August 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Staffline
- Sector
- other
- Represented
- No
Claimant representation
- Represented
- No