Claimant v Rokshaw Limited
Outcome
Individual claims
The claimant did not meet the qualifying period of employment set out in section 108 Employment Rights Act 1996 required to bring a complaint of unfair dismissal. The tribunal determined the complaint did not have reasonable prospects of success.
The complaint of breach of contract arising from either an express term of the claimant's contract or the implied term of trust and confidence did not have reasonable prospects of success and was struck out.
Facts
Marc Hill brought claims for unfair dismissal and breach of contract against Rokshaw Limited. The claimant was unrepresented and appeared in person. The respondent was represented by counsel. The hearing was conducted via CVP at Newcastle on 7 March 2025.
Decision
Employment Judge Booth struck out both claims under rule 38(1) on the basis they had no reasonable prospects of success. The unfair dismissal claim failed because the claimant did not have the required qualifying period of employment under section 108 ERA 1996. The breach of contract claim, concerning both express and implied terms, also failed.
Practical note
Claimants must have at least two years' continuous employment to bring an ordinary unfair dismissal claim, and both statutory and contractual claims require reasonable prospects of success to proceed.
Legal authorities cited
Statutes
Case details
- Case number
- 60017846/2024
- Decision date
- 7 March 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Rokshaw Limited
- Sector
- other
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No