Decision date
16 January 2026
Tribunal
Employment Tribunal
Jurisdiction
England & Wales
Judge
Employment Judge T.R.Smith
Case Summary
The claim is struck out as it had no reasonable prospect of success and the tribunal lacked jurisdiction under the Employment Rights Act 1996.
Why this outcome?
Jurisdictional barThe tribunal struck out the claim because it lacked jurisdiction under the Employment Rights Act 1996, meaning the statutory framework did not apply to this case.
Claim Types
Key Issues
- •the claim had no reasonable prospect of success
- •the tribunal lacks jurisdiction under section 108 Employment Rights act 1996
Decision Text
EMPLOYMENT TRIBUNALS Claimant: Miss B. Thompson Respondent: Iceland JUDGMENT The claim is struck out. REASONS 1. The Tribunal wrote to the claimant on 19 December 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 • the claim had no reasonable prospect 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. This is because the tribunal lacks jurisdiction under section 108 Employment Rights act 1996 4. The claim is therefore struck out. Approved by: Employment Judge T.R.Smith 16 January 2026
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Case Details
- Claimant
- Miss B Thompson
- Case No.
- 6035951/2025
- Tribunal
- Employment Tribunal
- Level
- First instance
- Decision
- 16 January 2026
- Published
- 9 April 2026
- Jurisdiction
- England & Wales
- Judge
- Employment Judge T.R.Smith