6029920/2025Struck out

Green Shift Energy

v E Mcguinness

26 March 2026·Employment Tribunal·England & Wales·Employment Judge Armstrong

Respondent

Green Shift Energy

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Decision date

26 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Armstrong

Case Summary

The claimant's unfair dismissal complaint against Green Shift Energy was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The Tribunal determined that the claim had no reasonable prospect of success and the claimant failed to respond to a warning letter giving them an opportunity to explain why the claim should not be struck out.

Why this outcome?

No reasonable prospects

The claim was struck out because it had no reasonable prospect of success under Rule 38 of the Employment Tribunal Procedure Rules 2024, and the claimant failed to respond to a warning letter providing an opportunity to contest the strike-out.

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Key Issues

  • Whether unfair dismissal claim has reasonable prospect of success

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Emily Mcguinness Respondent: Green Shift Energy JUDGMENT The complaint of Unfair Dismissal is struck out. REASONS 1. The Tribunal wrote to the claimant on 12 December 2025 warning them that the Tribunal was considering striking out part 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 that part, • That part of the claim had no reasonable prospect of success; 2. The letter gave the claimant an opportunity to explain why that part 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 that part of the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out that part of the claim. 4. That part of the claim is therefore struck out. The rest of the claim is not affected by this judgment. Approved by: Employment Judge Armstrong 26 March 2026

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