Employment Tribunal Upholds Employees' Right to Proceed with Claims
📌 In brief
In this case, the Employment Tribunal ruled that the employer could not dismiss the employees' claims using a specific procedural rule. The decision ensures that the claimants can continue with their legal proceedings.
⚖️ Legal holding
An employer cannot use rule 38(1)(a) of the Employment Tribunals Rules 2024 to dismiss a claim without substantial grounds.
📖 Technical summary
The Employment Tribunal dismissed the respondent's application to strike out the claims.
📜 Headnote Official document
The Employment Judge dismissed the respondent's application to strike out claims brought by two claimants, finding no substantial grounds for such an action under rule 38(1)(a) of the Employment Tribunals Rules 2024.
📚 Full judgment Official document
OUTCOME: Allowed
Case Numbers: 3301658/2025 and 3301664/2025
EMPLOYMENT TRIBUNALS
Claimants:
[redacted]
(2) [NAME]
Respondent: [redacted]
Heard at: Norwich Employment Tribunal (by video)
On: 13 March 2026
Before: Employment Judge Gordon Walker
Appearances
For the claimant: [redacted]
For the respondent: [redacted]
JUDGMENT
1. The respondent’s application to strike out the claims pursuant to rule 38(1)(a) Employment Tribunal Rules 2024 is dismissed.
Approved by:
Employment Judge Gordon Walker
Date: 16 March 2026
JUDGMENT SENT TO THE PARTIES ON
1 May 2026
FOR THE TRIBUNAL OFFICE
Notes 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 Judgments 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.
📊 How courts decide similar cases
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A snapshot of this collection — not a prediction of your case's outcome.
⚖️ What tends to weigh in cases like this
✅ Tends to be accepted
- The employer cannot dismiss a claim without substantial grounds as per rule 38(1)(a).
- Employers must act reasonably when treating some other substantial reason as sufficient for dismissal.
- Employers are required to cover reasonable legal costs if the employee successfully pursues an employment tribunal case.
- Employers must not make unlawful deductions from wages under s.98 Employment Rights Act 1996.
- Employers must provide full entitlements including any outstanding redundancy payment and notice pay as required by law.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The tribunal dismissed the employer's application to strike out the employees' claims.
Who was involved?
Two employees and their employer, a NHS Foundation Trust.
How did the court decide, and why?
The judge found no substantial grounds for striking out the claims under rule 38(1)(a).
Which laws or rules were applied?
Rule 38(1)(a) of the Employment Tribunals Rules 2024.
What was the argument that mattered most?
The lack of substantial grounds for striking out the claims.
Was the decision for or against the person who brought the case?
For the claimants, allowing their case to proceed.
What does this mean for someone in a similar situation?
Someone facing a strike-out application can argue that there are no substantial grounds for dismissal.
What evidence or documents mattered?
No specific evidence is mentioned; it was based on the procedural rule and its interpretation.
Can a decision like this be appealed?
Yes, but only if there's a strong legal basis to do so.
Is it worth getting a solicitor for a case like this?
It is advisable to seek advice from a qualified solicitor for such cases.