Mr Daniel Roberts v Howserv Services Limited — 2026

The judgment concerned the claimant's complaint of ordinary unfair dismissal. The respondent told the claimant and his representatives before the hearing that the claimant did not have two years' continuous service and that the ordinary unfair dismissal complaint should be dismissed. At the preliminary hearing, the claimant's representative was given an opportunity to address the issue and accepted that the dates of employment were accurate and amounted to less than two years' continuous service.

Employment Judge MJ Smith was satisfied that the grounds for striking out that part of the claim under Rule 38 applied and that striking it out was consistent with the overriding objective in Rule 3. The tribunal found there was no reasonable prospect of the claimant succeeding in the ordinary unfair dismissal complaint because he did not have two years' continuous service with the respondent.

The complaint of ordinary unfair dismissal was therefore struck out. The judgment expressly stated that the rest of the claim was not affected, and no remedy award was recorded in this judgment.