In person For the v M Elia (Solicitor) — 2025

This was a preliminary hearing at Norwich by CVP on 6 June 2025 before Employment Judge W Anderson. The claimant, D Roberts, was dismissed by reason of redundancy on 28 May 2024 and brought an unfair dismissal claim. The respondent applied for strike out on the basis that the claim had no reasonable prospects of success, and also sought a deposit order.

The tribunal did not decide the merits of the unfair dismissal claim. It recorded the claimant's case that suitable alternative employment was available and that he was unfairly dismissed, while the respondent said he was fairly dismissed for redundancy and that the alternative role identified was not suitable. The judge said there was no evidence before the tribunal and that the central issues, including the role in question, the claimant's skills, and what the parties had done to find suitable alternative employment, required evidence at a full hearing. The strike-out application and the application for a deposit order were both refused, so the claim remained live for determination at a final hearing.