Claimant v Surface Processing Solutions Limited
Outcome
Individual claims
Respondent applied to strike out the claim as having no reasonable prospect of success, and alternatively for a deposit order on the basis it had little reasonable prospect. Employment Judge Faulkner refused both applications and allowed the claim to proceed to a Final Hearing.
Facts
Mr Douglas brought a wrongful dismissal claim against Surface Processing Solutions Limited. The Respondent applied to strike out the claim on the basis that it had no reasonable prospect of success, and alternatively for a deposit order on the basis it had little reasonable prospect of success. The preliminary hearing was conducted remotely by video.
Decision
Employment Judge Faulkner refused both the strike-out application and the deposit order application. The wrongful dismissal complaint will proceed to a Final Hearing to determine the merits of the claim.
Practical note
A preliminary hearing decision refusing a strike-out and deposit order application allows a wrongful dismissal claim with sufficient merit to proceed to full hearing despite the respondent's challenges.
Case details
- Case number
- 1304284/2024
- Decision date
- 27 March 2025
- Hearing type
- preliminary
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- No