Employment Claims Struck Out Due to No Reasonable Prospect of Success

OUTCOME: Struck Out

Case Numbers: 6022473/2025, 6023185/2025, 6025769/2025, 6026034/2025 & 6026997/2025

EMPLOYMENT TRIBUNALS

Claimant: [redacted]

Respondents: [redacted] 2. [COMPANY]

The claim is struck out.

REASONS

1. The Tribunal wrote to the claimant on 6 January 2026 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that

 the claims have no reasonable prospect of success;

2. This was because the Tribunal considered that following the Hearing before Judge Fowell on 28 November 2025 promulgated on 6 January 2026, as a result of which the claimant's related claims were struck out because they had no reasonable prospect of success, principally on the grounds of territorial jurisdiction and because he was not employed by either respondent, these claims against the same respondents also had no reasonable prospects of success.

3. The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a Hearing at which to do so, on or before 13 January 2026. The claimant has not provided reasons or any adequate reasons that the claims should not be struck out. The claimant’s response on 7 January refers to Reconsideration (which has since been addressed) and the claimant refers to an application for Interim Relief which is immaterial having regard to Judge Fowell’s Judgment, as such an application is contingent on employee status and territorial jurisdiction.

4. Judge Fowell’s Judgment (paragraph 29) had also forewarned the claimant about whether these additional claims would be allowed to proceed.

5. The claimant has applied for Reconsideration of Judge Fowell’s Judgment on 7 January 2026. This was refused by Judge Fowell on 30 January 2026.

6. I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim.

7. The claims are therefore struck out.

Approved by:

Regional Employment Judge Khalil

Date: 5 February 2026

Public access to employment tribunal decisions Judgments (apart from judgments under rule 51) 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

EMPLOYMENT TRIBUNALS

Claimant: [redacted]

Respondents: [redacted] 2. [APPELLANT]

The claimant's application dated 6 February 2026 to reconsider the Judgment striking out his claims is refused. The Judgment dated 5 February 2026 is confirmed.

REASONS

This is because there is no reasonable prospect of the judgment being reviewed under Rule 70 in respect of any of the grounds advanced and it is not necessary in the interests of justice to do so under rule 68. The claimant is re-referred to the reasons contained in the Judgment and the matters cross referred to therein in relation to the Judgment of Judge Fowell.

Approved by:

Regional Employment Judge Khalil

Date: 17 March 2026