Claimant v Bodmin Autos Ltd
Outcome
Individual claims
The tribunal struck out the claim under Section 11 of the Employment Rights Act 1996 on the basis that it had no reasonable prospect of success under Rule 37(1)(a).
The tribunal struck out the claim under Regulation 4 of the Working Time Regulations 1998 on the basis that it had no reasonable prospect of success under Rule 37(1)(a).
Facts
Mr White brought claims against his former employer Bodmin Autos Ltd relating to breach of contract under Section 11 ERA 1996 and holiday pay under the Working Time Regulations 1998. The respondent was represented by Peninsula solicitors. The hearing was conducted remotely via CVP.
Decision
Employment Judge Codd struck out both claims under Rule 37(1)(a) on the basis that they had no reasonable prospect of success. Reasons were given orally at the hearing but not provided in writing.
Practical note
A lay representative cannot salvage claims that fundamentally lack reasonable prospects of success, even in employment rights cases concerning statutory entitlements.
Legal authorities cited
Statutes
Case details
- Case number
- 1303385/2024
- Decision date
- 8 January 2025
- Hearing type
- strike out
- Hearing days
- 1
- Classification
- procedural
Respondent
- Name
- Bodmin Autos Ltd
- Sector
- retail
- Represented
- Yes
- Rep type
- solicitor
Claimant representation
- Represented
- Yes
- Rep type
- lay rep