Ms R Murphy v SD14 Ltd, T/a Cedars – In Liquidation: 6010035/2025
JUDGMENT
The complaints of ordinary unfair dismissal and failure to pay redundancy payment are struck out.REASONS
[1]The Tribunal wrote to the claimant on 28 September 2025 warning them that the Tribunal was considering striking out part of the claim. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that, in relation to that part, the claim had no reasonable prospect of success.[2]The letter gave the claimant an opportunity to explain why that part of the claim should not be struck out, or to request a hearing at which to do so. At the preliminary hearing on 12 May 2026 the claimant relied upon her previous responses to the tribunal that she wished to bring her claim in respect of discrimination.[3]I am satisfied that the grounds for striking out that part of the claim under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out that part of the claim. This is because the claimant did not have two years continuous service at the respondent.[4]That part of the claim is therefore struck out. The rest of the claim is not affected by this judgment. Approved by: