Claimant v Andrew Taylor
Outcome
Individual claims
The tribunal found the unfair dismissal claims had no reasonable prospect of success because the claimants did not appear to have the required 2 years' service. The claims were also not actively pursued. After being given an opportunity to make representations or request a hearing, the claimants failed to respond or make sufficient representations.
Facts
Two claimants, Miss E MacFarlane and Mr F Lambert, brought unfair dismissal claims against their employer Andrew Taylor. The tribunal noted that the claimants did not appear to have the required 2 years' service to bring unfair dismissal claims. The tribunal wrote to the claimants on 30 January 2025 giving them an opportunity to make representations or request a hearing as to why the claims should not be struck out for having no reasonable prospect of success and for not being actively pursued. The claimants failed to respond or make sufficient representations.
Decision
The tribunal struck out all claims by both claimants. The claims had no reasonable prospect of success because the claimants lacked the qualifying service period of 2 years required for unfair dismissal claims, and the claims had not been actively pursued. Despite being given an opportunity to respond, the claimants failed to engage with the tribunal's process.
Practical note
Unrepresented claimants who fail to respond to tribunal unless orders and who lack the basic qualifying service for unfair dismissal claims will have their cases struck out for having no reasonable prospect of success and for non-pursuit.
Legal authorities cited
Statutes
Case details
- Case number
- 2305546/2024
- Decision date
- 25 March 2025
- Hearing type
- strike out
- Hearing days
- —
- Classification
- procedural
Respondent
- Name
- Andrew Taylor
- Sector
- —
- Represented
- No
Claimant representation
- Represented
- No