Member Ms D McDougall Tribunal Member Mr A Grant Mr M Fulton v Choice Start Limited trading as — 2024

The hearing was confined to preliminary applications. In relation to the unfair dismissal complaint, the claimant accepted that he had less than two years' service and did not rely on any of the exceptions in section 108(3) of the Employment Rights Act 1996. The respondent's application to strike out the complaint under rule 37(1)(a) succeeded, and the tribunal struck out and dismissed the unfair dismissal complaint.

The claimant's application to strike out the respondent's response was refused. The tribunal said that, even if the claimant could establish that the dismissing officer lacked authority to dismiss and that he was an apprentice, those facts would not necessarily mean the unfair dismissal complaint would succeed. The respondent's defence therefore had a reasonable prospect of success and should be assessed at a full hearing.

The claimant also applied for an award of preparation time, valuing 100 hours at £4,400, following postponement of the final hearing on 21 November 2023. That application was refused because the tribunal was not satisfied that the respondent or its representative had acted vexatiously, abusively, disruptively or unreasonably for the purpose of rule 76(1)(a), and it was not established that the respondent was at fault so as to make an award just under rule 76(1)(c), notwithstanding that the hearing had been postponed at less than seven days' notice.