6034935/2025Struck out

EF Bakers Ltd

v Mr S Wright

28 March 2026·Employment Tribunal·England & Wales·Employment Judge Cadney

Respondent

EF Bakers Ltd

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Decision date

28 March 2026

Tribunal

Employment Tribunal

Jurisdiction

England & Wales

Judge

Employment Judge Cadney

Case Summary

The claimant's unfair dismissal complaint was struck out under Rule 38 of the Employment Tribunal Procedure Rules 2024. The tribunal found that the claimant had insufficient length of service to give the tribunal jurisdiction to hear the claim. The claimant did not respond to the tribunal's warning letter or request a hearing.

Why this outcome?

No qualifying employment period

The claim was struck out because the claimant had insufficient length of service to give the tribunal jurisdiction to hear the unfair dismissal complaint, and the claimant did not respond to the tribunal's warning letter or request a hearing.

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Key Issues

  • length of service
  • tribunal jurisdiction
  • no reasonable prospect of success

Decision Text

Full PDF

EMPLOYMENT TRIBUNALS Claimant: Mr S Wright Respondent: EF Bakers Ltd JUDGMENT The complaint of Unfair Dismissal is struck out. REASONS 1. The Tribunal wrote to the claimant on 17 November 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, • 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. This is because the claimant has insufficient length of service to give the tribunal jurisdiction to hear 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 Cadney 28 th March 2026 JUDGMENT SENT TO THE PARTIES ON 28 April 2026

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