Claimant v Nursery @ Aspire
Outcome
Claimant fails
Facts
The claimant made an application to strike out the respondent's responses in two consolidated claims (2305843/2023 and 2305584/2024). The hearing was conducted remotely by video. The claimant was represented by a lay representative and the respondent by counsel.
Decision
The tribunal dismissed the claimant's application to strike out the respondent's responses. The tribunal gave oral reasons at the hearing but did not provide written reasons in the judgment document.
Practical note
Strike-out applications by claimants against respondents' responses are subject to careful scrutiny and will only succeed where the response has no reasonable prospect of success or the respondent's conduct makes a fair trial impossible.
Case details
- Case number
- 2305843/2023
- Decision date
- 12 July 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Name
- Nursery @ Aspire
- Sector
- education
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- Yes
- Rep type
- lay rep