S B Patel v B Tidnam CEO: 6009966/2024
JUDGMENT
The claim is struck out.REASONS
[1]The Tribunal wrote to the claimant on 20 November 2025 warning them that the Tribunal was considering striking out the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the claim had no reasonable prospect of success because the claimant had not complied with the early conciliation requirements meaning the Tribunal does not have jurisdiction to hear the claim.[2]The letter gave the claimant an opportunity to explain why the claim should not be struck out, or to request a hearing at which to do so. The claimant has replied and confirmed that she did not get an Early Conciliation certificate. She has not provided an Early conciliation number and has not shown that an early conciliation exemption applies. In these circumstances the tribunal does not have jurisdiction to hear the claim unless this defect is rectified. The claimant has not rectified the defect and obtained a certificate.[3]I am satisfied that the grounds for striking out the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the claim.[4]The claim is therefore struck out.[5]The hearing on 7-11 September 2026 will not take place. Approved by: