Claimant v The Chief Constable of Lancashire Constabulary
Outcome
Facts
This was an application by the respondent Chief Constable of Lancashire Constabulary to strike out claims brought by two claimants, Mr C Owen and Mr G Southgate, under rule 38. The claimants appeared in person while the respondent was represented by counsel. The hearing took place remotely via CVP at the Manchester Employment Tribunal. Written reasons were given orally at the hearing.
Decision
Employment Judge Phil Allen refused the respondent's application to strike out the claims under rule 38. The claims will therefore proceed. The specific grounds for refusing the strike-out application were given orally and are not recorded in the written judgment.
Practical note
A respondent's strike-out application under rule 38 was refused, allowing the claimants' cases to proceed to a full hearing despite the power imbalance in representation.
Case details
- Case number
- 2404642/2023
- Decision date
- 4 April 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- public sector
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No