Outcome
Individual claims
The tribunal struck out the automatic unfair dismissal claim under section 103A Employment Rights Act 1996 on the grounds that it had no reasonable prospects of success under Rule 38(1)(a).
The Equality Act complaints were struck out under Rule 38(1)(a) on the grounds that they had no reasonable prospects of success.
Facts
Mr Pusbauer brought claims against Emirates Airlines for automatic unfair dismissal under section 103A ERA 1996 (whistleblowing) and various discrimination claims under the Equality Act 2010. The claimant did not attend the hearing. The respondent, represented by a solicitor, applied to strike out the entire claim.
Decision
The tribunal struck out all claims on the grounds that they had no reasonable prospects of success under Rule 38(1)(a). In the alternative, the tribunal also struck out the claim under Rule 38(1)(b) on the grounds that the manner in which the claimant conducted the proceedings was unreasonable, including his non-attendance.
Practical note
A tribunal may strike out claims for having no reasonable prospects of success and/or for unreasonable conduct in pursuing the claim, including non-attendance at hearings.
Legal authorities cited
Statutes
Case details
- Case number
- 2410850/2023
- Decision date
- 12 August 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No