Claimant v London Underground Limited
Outcome
Individual claims
The claim under section 13 of the Employment Rights Act 1996 was struck out under Rule 38(1)(a) because the tribunal found it had no reasonable prospects of success.
The claim under section 10 of the Employment Relations Act 1999 (right to be accompanied at disciplinary and grievance hearings) was struck out under Rule 38(1)(a) because the tribunal found it had no reasonable prospects of success.
The claim under section 12 of the Employment Relations Act 1999 (detriment for exercising right to be accompanied) was struck out under Rule 38(1)(a) because the tribunal found it had no reasonable prospects of success.
Facts
Mr Adams brought claims against London Underground Ltd under the Employment Rights Act 1996 section 13 (unlawful deduction of wages) and sections 10 and 12 of the Employment Relations Act 1999 (relating to the right to be accompanied at disciplinary and grievance hearings and detriment for exercising that right). The respondent applied to strike out the claims.
Decision
Employment Judge Whittall struck out all of Mr Adams' claims in their entirety under Rule 38(1)(a) on the basis that they had no reasonable prospects of success. Oral reasons were given at the hearing.
Practical note
Claims can be struck out at a preliminary hearing where the tribunal determines they have no reasonable prospect of success, even before proceeding to a full merits hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 6011226/2024
- Decision date
- 16 May 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- transport
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No