S Page (counsel) For the v Respondent — 2023

The claimant presented claims of unfair dismissal, breach of contract and age discrimination on 20 January 2023, but no particulars of claim were provided. The respondent applied to strike out the claim in its entirety on 18 May 2023. The claimant later applied on 27 June 2023 to amend the claim to include particulars of the age discrimination allegation and to withdraw the unfair dismissal and breach of contract claims.

At the hearing on 5 July 2023 before Employment Judge Anderson, the tribunal refused the application to amend so as to provide particulars of the age discrimination claim. The respondent then sought strike out of that claim on the basis that, because the amendment had been refused, there was no substance to the claim and no extant cause of action, so it had no reasonable prospects of success. The claimant's representative accepted that, given the ruling on amendment, there was no extant cause of action and made no further submissions.

The tribunal found that the claimant had identified no facts in her claim on which an age discrimination claim could be founded. The age discrimination claim was therefore struck out. The unfair dismissal and breach of contract claims were dismissed upon withdrawal. No remedy was awarded.