Decision date
12 May 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge Shotter
Case Summary
The claimant's unfair dismissal claim against Abbey College Manchester was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal found the claim had no reasonable prospects of success because the claimant lacked the qualifying service necessary to bring an unfair dismissal claim. The claimant did not respond to the tribunal's warning letter offering an opportunity to be heard.
Why this outcome?
No qualifying employment periodThe claim was struck out because the claimant lacked the required qualifying service to make a claim of unfair dismissal, meaning the claim had no reasonable prospects of success. The claimant failed to respond to the tribunal's warning letter giving an opportunity to explain why the claim should not be struck out.
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Key Issues
- •Qualifying service requirement for unfair dismissal claim
- •Whether claimant had sufficient service to bring claim
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Michael Hill Respondent: Abbey College Manchester JUDGMENT The claim is struck out. REASONS The Tribunal wrote to the claimant on 12 August 2025 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 because the claimant lacked the qualifying ser- vice to make a claim of unfair dismissal the claim had no reasonable prospects of success . 2. 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. The claimant has not replied. 3. 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 because the claimant lacks the required qualifying service to make the claim. 4. The claim is therefore struck out." Approved by: Employment Judge Shotter 12 May 2026 JUDGMENT SENT TO THE PARTIES ON 21 May 2026 ..................................................................... FOR THE TRIBUNAL OFFICE
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Case Details
- Claimant
- M Hill
- Case No.
- 6006690/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 12 May 2026
- Published
- 16 June 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Shotter