Claimant v Amdec Industrial Products Limited
Outcome
Individual claims
Withdrawn by claimant at the hearing.
The tribunal struck out the unfair dismissal claim under Employment Tribunal Rule 38(1)(a) on the basis that it had no reasonable prospect of success.
Facts
Mark Ashall brought claims of wrongful dismissal and unfair dismissal against Amdec Industrial Products Limited. The claimant appeared in person while the respondent was represented by counsel. The matter was heard by video at Liverpool.
Decision
The tribunal dismissed the wrongful dismissal claim upon withdrawal by the claimant. The unfair dismissal claim was struck out under Rule 38(1)(a) on the basis that it had no reasonable prospect of success.
Practical note
A strike-out for no reasonable prospects of success under Rule 38(1)(a) is a jurisdictional or substantive bar that prevents a claim from proceeding to a full hearing.
Legal authorities cited
Statutes
Case details
- Case number
- 2402548/2024
- Decision date
- 18 February 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Sector
- manufacturing
- Represented
- Yes
- Rep type
- barrister
Claimant representation
- Represented
- No