Case 2402883/2024 · Employment Tribunal
Mr K Chima v Sustainable Energy First Limited — 2025
- Case reference
- 2402883/2024
- Decision date
- 13 February 2025
- Jurisdiction
- England & Wales
- Judge
- Employment Judge Phil Allen
Parties
2 namedClaimant
Mr K Chima
Respondent
Key findings
Tribunal's reasoningOn 30 January 2025, at Manchester by CVP, Employment Judge Phil Allen heard the respondent's application to strike out parts of the claim. The judgment is an interim procedural decision and records strike-out rulings only, not any merits determination of the surviving complaints.
The tribunal struck out the ordinary unfair dismissal claim under section 94 ERA 1996 under rule 38(1)(a) because it had no reasonable prospect of success. The order did not extend to the automatic unfair dismissal claim under section 103A ERA 1996.
The tribunal also struck out the victimisation complaint so far as it relied on an alleged protected act at 2.06 pm on 21 March 2024, and struck out the protected disclosure / automatic unfair dismissal complaint so far as it relied on an alleged protected disclosure at the same time. Those rulings did not apply to the victimisation complaint and protected disclosure complaint said to arise from events on 15 March 2024.
The application to strike out the other complaints under rule 38(1)(a), including the alternative basis that they were scandalous or vexatious, did not succeed. No remedy was awarded in this judgment.
Claims and outcomes
3 findings recorded| Claim type | Issue or finding | Outcome | Protected characteristic | Award |
|---|---|---|---|---|
| Unfair dismissal | The ordinary unfair dismissal claim under section 94 ERA 1996 was struck out under rule 38(1)(a) because it had no reasonable prospect of success. The order did not extend to the automatic unfair dismissal claim under section 103A ERA 1996. | Struck out | — | — |
| Victimisation | The tribunal struck out the victimisation complaint so far as it relied on an alleged protected act at 2.06 pm on 21 March 2024, but the ruling did not apply to the victimisation complaint based on the alleged protected act on 15 March 2024. | Other | — | — |
| Whistleblowing | The tribunal struck out the automatic unfair dismissal / protected disclosure complaint so far as it relied on an alleged protected disclosure at 2.06 pm on 21 March 2024, but the ruling did not apply to the complaint based on the alleged protected disclosure on 15 March 2024. | Other | — | — |
Legal tests applied
3 references- rule 38(1)(a) Employment Tribunal Rules of Procedure
- no reasonable prospect of success
- scandalous or vexatious
Official outcome judgment PDF
Gov.uk primary recordThe official judgment PDF on gov.uk contains the tribunal's outcome, reasoning, and any remedy details. Where this page does not yet show extracted outcomes for every claim, use the PDF as the authoritative source.
Published on gov.uk under the Open Government Licence v3.0.
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