Unfair Dismissal Claim Struck Out by Employment Tribunal
📌 In brief
In this case, an Employment Tribunal dismissed a worker's claims for unfair dismissal and redundancy payment. The tribunal ruled that these parts of the claim had no reasonable chance of success and were therefore struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024.
⚖️ Legal holding
A claim may be struck out if it has no reasonable prospect of success under Rule 38 of the Employment Tribunal Procedure Rules 2024.
📖 Technical summary
The claimant's unfair dismissal and redundancy payment claims were struck out for lack of reasonable prospects.
📜 Headnote Official document
The Employment Tribunal struck out the claimant's unfair dismissal and redundancy payment claims, finding that they had no reasonable prospect of success under Rule 38 of the Employment Tribunal Procedure Rules 2024.
📚 Full judgment Official document
OUTCOME: Struck Out
Case Number: 3303726/2025
EMPLOYMENT TRIBUNALS
Claimant: [redacted]
Respondent: [redacted]
The complaints of unfair dismissal and redundancy payment are struck out.
REASONS
1. The Tribunal wrote to the claimant on 31 December 2025 warning them that the Tribunal was considering striking out parts of the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that, in relation to those parts,
the claim had no reasonable prospect of success;
2. The letter gave the claimant an opportunity to explain why those parts of the claim should not be struck out, or to request a hearing at which to do so. The claimant has not replied.
3. I am satisfied that the grounds for striking out those parts of the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out those parts of the claim.
4. Those parts of the claim are therefore struck out. The rest of the claim is not affected by this judgment.
Approved by:
Employment Judge Alliott
Date: 16/3/2026
JUDGMENT SENT TO THE PARTIES ON
7 May 2026
FOR THE TRIBUNAL OFFICE
📊 How courts decide similar cases
Among 12 similar decisions in this collection:
- Employment Tribunal Claim Struck Out: Non-Compliance and Unreasonable Conduct
- Employment Tribunal Employment Tribunal Dismisses Race Discrimination Claim for Lack of Qualify…
- Employment Tribunal Employment Tribunal Strikes Out Case for Procedural Failures
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claims Due to Lack of Serv…
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claim Due to Insufficient …
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Complaint Due to Short Ser…
- Employment Tribunal Employment Tribunal Strikes Out Unfair Dismissal Claim for Insufficient Ser…
- Employment Tribunal Claimant's Discrimination Claims Struck Out by Employment Tribunal
- Employment Tribunal Claimant’s Employment Tribunal Case Struck Out for Inactivity
- Employment Tribunal Claims Struck Out by Employment Tribunal
- Employment Tribunal Employment Tribunal Rejects Redundancy Payment Claim for Missing Step
- Employment Tribunal Employment Claims Struck Out for Inactive Pursuit
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
- The claimant did not actively pursue their claims.
- The claimant failed to comply with orders or requirements set by the tribunal.
- The claimant had less than two years of continuous employment.
Patterns observed in similar cases in this collection — every case is unique.
❓ Frequently asked questions
What did this decision decide?
The Employment Tribunal decided to strike out the worker's claims for unfair dismissal and redundancy payment.
Who was involved?
A worker (the claimant) brought a case against their employer (the respondent).
How did the court decide, and why?
The tribunal applied Rule 38 of the Employment Tribunal Procedure Rules 2024 to strike out parts of the claim that had no reasonable prospect of success.
Which laws or rules were applied?
Rule 38 of the Employment Tribunal Procedure Rules 2024 was used to determine whether to strike out the claims.
What was the argument that mattered most?
The key argument was that the claims had no reasonable prospect of success under Rule 38.
Was the decision for or against the person who brought the case?
The decision was against the claimant, as their claims were struck out.
What does this mean for someone in a similar situation?
Someone with weak claims may face having them dismissed by an Employment Tribunal if they lack reasonable prospects of success.
What evidence or documents mattered?
The tribunal did not specify any particular evidence or documents that were crucial to the decision.
Can a decision like this be appealed?
Yes, decisions can often be appealed, but it depends on the specific circumstances and whether there are grounds for appeal.
Is it worth getting a solicitor for a case like this?
It is advisable to seek legal advice from a qualified solicitor for cases involving Employment Tribunals.
