Claimant's Unfair Dismissal Claim Struck Out by Employment Tribunal
📌 In brief
An Employment Tribunal has ruled that the worker's claims against their employer for unfair dismissal, disability discrimination, and whistleblowing have no chance of succeeding. The case was therefore struck out or dismissed.
⚖️ Legal holding
An Employment Tribunal may strike out a claim if it has no reasonable prospect of success.
📖 Technical summary
The claimant's claims of unfair dismissal, disability discrimination, and public interest disclosure were struck out or dismissed.
📜 Headnote Official document
The claimant's claims of unfair dismissal, disability discrimination, and public interest disclosure were struck out or dismissed due to lack of reasonable prospects for success.
📚 Full judgment Official document
OUTCOME: Struck Out
Case Numbers: 3201041/2024 3201451/2024 10.2 Judgment - rule 61
February 2018
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondents: [redacted]
(2) [COMPANY]
(3) [COMPANY] OF A PRELIMINARY HEARING
Heard at: [COMPANY] (in public)
On: 17 December 2024
Before: Tribunal Judge R Overton, acting as an Employment Judge
Representation
For the claimant: [redacted]
In person For the 1st respondent: [redacted] For the 2nd respondent: [redacted] [RESPONDENT] For the 3rd respondent: [redacted] [COMPANY]
1. The claim of unfair dismissal presented in both claims is struck out as having no reasonable prospect of success.
2. The claims relating to dismissal and/or detriment relating to public interest disclosure, contained in the 2nd claim (3201451/2024), are dismissed upon withdrawal.
3. The claims of disability discrimination, contained in the 2nd claim (3201451/2024), are dismissed upon withdrawal.
February 2018
4. The claim of unauthorised deductions from wages, contained in the 2nd claim (3201451/2024), is dismissed upon withdrawal.
Tribunal Judge R Overton acting as an Employment Judge Date: 13 March 2025
Note Reasons for the judgment having been given orally at the hearing, written reasons will not be provided unless a request was made by either party at the hearing or a written request is presented by either party within 14 days of the sending of this written record of the decision.
Public access to employment tribunal decisions All judgments (apart from judgments under Rule 51) and any written reasons for the judgments are published, in full, online at https://www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s).
Recording and Transcription Please note that if a Tribunal hearing has been recorded you may request a transcript of the recording, for which a charge may be payable. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings, and accompanying Guidance, which can be found here: https://www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice-directions/
Case Numbers: 3201041/2024 3201451/2024
- 1 -
EMPLOYMENT TRIBUNALS
CLAIMANT: [redacted]
RESPONDENT: [redacted]
(2) [COMPANY] (3) [RESPONDENT] [COMPANY] AT: [COMPANY]
ON:
12, 13, 14 & 15 MAY 2026
BEFORE:
EMPLOYMENT JUDGE S POVEY
REPRESENTATION:
FOR THE CLAIMANT: [redacted]
IN PERSON FOR THE 1ST RESPONDENT: [redacted] FOR THE 2ND RESPONDENT: [redacted] FOR THE 3RD RESPONDENT: [redacted]
1. The complaints of direct discrimination because of race are not made out and are dismissed.
2. The complaints of harassment related to race are not made out and are dismissed.
Approved by:
EMPLOYMENT JUDGE S POVEY Dated: 15 May 2026
Case Numbers: 3201041/2024 3201451/2024
- 2 - Notes
Reasons for the judgment were given orally at the hearing. Written reasons will not be provided unless a party asked for them at the hearing or a party makes a written request within 14 days of the sending of this written record of the decision.
Judgments (apart from judgments under rule 52) and reasons for the judgments are published, in full, online at www.gov.uk/employment-tribunal-decisions shortly after a copy has been sent to the claimant(s) and respondent(s) in a case.
If a Tribunal hearing has been recorded, you may request a transcript of the recording. Unless there are exceptional circumstances, you will have to pay for it. If a transcript is produced it will not include any oral judgment or reasons given at the hearing. The transcript will not be checked, approved or verified by a judge. There is more information in the joint Presidential Practice Direction on the Recording and Transcription of Hearings and accompanying Guidance, which can be found at www.judiciary.uk/guidance-and-resources/employment-rules-and-legislation-practice- directions/
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claim for Insufficient Ser…
- Employment Tribunal Employment Tribunal Strips Harassment Case Over Lack of Merit
- Employment Tribunal Employment Tribunal Dismisses Unfair Dismissal Claims, Allows Sex Discrimin…
- Employment Tribunal Employment Tribunal Dismisses Race Discrimination Claim for Lack of Qualify…
- Employment Tribunal Unauthorised Wage Deductions: Employment Tribunal Decision
- Employment Tribunal Employment Tribunal Upholds Workers' Claims Against Employer for Wage Deduc…
- Employment Tribunal Successful Claimant Awarded Costs by Employment Tribunal
- Employment Tribunal Unfair Dismissal Case: Employer Found Liable at Employment Tribunal
A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
❌ Tends to be rejected
- Claim lacks reasonable prospects of success.
- Employee does not have two years of continuous employment.
- Employment tribunal lacks jurisdiction over certain types of complaints.
- Employer has acted reasonably in the circumstances.
- Employer has followed a fair procedure before dismissing the employee.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The claimant's claims were struck out or dismissed.
Who was involved?
A worker and their employer, along with two other parties.
How did the court decide, and why?
The tribunal ruled that the claims had no reasonable prospects of success.
Which laws or rules were applied?
No specific laws were cited in this decision.
What was the argument that mattered most?
The lack of evidence supporting the claimant's case.
Was the decision for or against the person who brought the case?
Against the claimant.
What does this mean for someone in a similar situation?
Someone with weak claims should consider not pursuing them to avoid costs and time.
What evidence or documents mattered?
The tribunal did not specify any particular evidence.
Can a decision like this be appealed?
Yes, but it may depend on the specific circumstances of the case.
Is it worth getting a solicitor for a case like this?
It is always advisable to seek legal advice from a qualified solicitor.