Claimant v InvictaK9 Ltd
Outcome
Individual claims
The tribunal struck out the unfair dismissal complaint as having no reasonable prospects of success because the claimant commenced employment as an employee on 1 April 2024, meaning he did not have the requisite two years' continuous employment to bring an unfair dismissal claim. Prior to this date he worked as a self-employed contractor.
This claim for breach of contract in respect of notice pay was not struck out and remained to be determined at a future hearing.
This claim was not struck out and remained to be determined at a future hearing.
This claim for unpaid holiday pay was not struck out and remained to be determined at a future hearing.
Facts
The claimant worked for the respondent as a self-employed contractor from at least 2020, then became an employee on 1 April 2024. After his dismissal, he brought claims for unfair dismissal, wrongful dismissal, unlawful deduction of wages, and unpaid holiday pay. The respondent applied to strike out all claims, particularly highlighting that the claimant lacked the two years' continuous employment required for unfair dismissal. The claimant valued his total claim at £24,750 plus a possible ACAS uplift and injury to feelings.
Decision
The tribunal struck out the unfair dismissal claim as having no reasonable prospects of success due to insufficient qualifying service, but allowed the other claims to proceed. The respondent then applied for costs. The tribunal awarded costs of £1,500 against the claimant, finding the unfair dismissal claim was objectively flawed from the outset, the claimant had been repeatedly warned by the respondent, and was represented by an experienced lay representative who should have appreciated the fundamental difficulty.
Practical note
Even with lay representation, claimants who pursue claims that are objectively hopeless from the outset despite repeated warnings face significant costs risk, though tribunals will moderate awards having regard to financial means and proportionality.
Adjustments
The Schedule of Loss referenced a possible 25% ACAS uplift
Legal authorities cited
Statutes
Case details
- Case number
- 2301160/2025
- Decision date
- 20 August 2025
- Hearing type
- costs
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- InvictaK9 Ltd
- Sector
- other
- Represented
- No
- Rep type
- solicitor
Claimant representation
- Represented
- No