Claimant v Metropolitan Police Service
Outcome
Facts
Ms Ruby Ley brought an employment claim against the Commissioner of the Police of the Metropolis. The respondent applied to strike out the claim under Rule 38(1)(a) on the basis that it had no reasonable prospect of success. A preliminary hearing was held remotely via CVP on 7 August 2025 before Employment Judge Heydon.
Decision
The tribunal refused the respondent's application to strike out the claim. Employment Judge Heydon found that the claim had sufficient merit to proceed to a full hearing, and that the threshold for strike out on grounds of no reasonable prospect of success was not met.
Practical note
Strike-out applications under Rule 38(1)(a) require a high threshold to be met, and tribunals will allow claims to proceed where they have arguable merit, even if success is uncertain.
Legal authorities cited
Case details
- Case number
- 6005927/2024
- Decision date
- 7 August 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- emergency services
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No