Cases3205490/2022

Claimant v University of East London

7 July 2025Before Employment Judge ByrneLondon East

Outcome

Claimant fails

Individual claims

Otherstruck out

The claim was struck out on the application of the Claimant. The tribunal found it was no longer possible to have a fair hearing in respect of the claim and struck it out pursuant to Rule 38(e) of the ET Rules of Procedure.

Facts

The Claimant brought proceedings against the University of East London. The Claimant applied for the claim to be struck out and for an anonymity order. Both the Claimant and Respondent made representations at a hearing before Employment Judge Byrne on 7 July 2025.

Decision

The tribunal struck out the claim on the Claimant's application, finding it was no longer possible to have a fair hearing under Rule 38(e). The tribunal also granted the Claimant's application for anonymity under Rule 49, ordering that the Claimant be identified only as 'AB' in the public register.

Practical note

A claimant can successfully apply to strike out their own claim where circumstances mean a fair hearing is no longer possible, and tribunals can grant anonymity orders where necessary in the interests of justice.

Legal authorities cited

Statutes

ET Rules of Procedure Rule 38(e)ET Rules of Procedure Rule 49

Case details

Case number
3205490/2022
Decision date
7 July 2025
Hearing type
strike out
Hearing days
1
Classification
procedural

Respondent

Sector
education
Represented
No

Claimant representation

Represented
No