Cases8000583/2025

Claimant v C D Leisure (Glasgow) Ltd

9 May 2025Before Employment Judge P O'DonnellScotlandon papers

Outcome

Claimant fails

Individual claims

Unfair Dismissalstruck out

The claimant lacked the required qualifying service of two years to bring a claim of unfair dismissal and did not indicate reliance on any exceptions to that requirement. The claimant was given an opportunity to respond by 28 April 2025 but failed to do so. The claim was struck out as having no reasonable prospect of success.

Facts

The claimant brought a claim of unfair dismissal against his former employer C D Leisure (Glasgow) Ltd. The judgment refers to this as the 'remaining part' of the claim, suggesting other elements may have been previously disposed of. The claimant had less than two years' qualifying service and did not rely on any exceptions to this requirement.

Decision

The tribunal struck out the unfair dismissal claim on the grounds that it had no reasonable prospect of success because the claimant lacked the required two years' qualifying service. The claimant was given until 28 April 2025 to respond but failed to do so.

Practical note

A claimant must have two years' continuous service to bring an ordinary unfair dismissal claim, and failure to respond to tribunal directions to show cause can result in strike-out for no reasonable prospect of success.

Legal authorities cited

Statutes

Employment Tribunal Procedure Rules 2024 rule 38(1)(a)

Case details

Case number
8000583/2025
Decision date
9 May 2025
Hearing type
strike out
Hearing days
Classification
procedural

Respondent

Sector
hospitality
Represented
No

Claimant representation

Represented
No