G Tinonetsana v Exeter City Council: 6043010/2025
JUDGMENT
The Unfair Dismissal complaint is struck out.REASONS
[1]The Tribunal wrote to the claimant on 16 January 2026 warning them that the Tribunal was considering striking out the Unfair Dismissal complaint. This was because it appeared to the Tribunal, applying Rule 38 of the Employment Tribunal Procedure Rules 2024, that the complaint had no reasonable prospect of success.[2]The letter gave the claimant an opportunity to explain why the Unfair Dismissal complaint should not be struck out, or to request a hearing at which to do so. The claimant has not replied.[3]I am satisfied that the grounds for striking out the Unfair Dismissal complaint under Rule 38 apply, and that it would be in accordance with the overriding objective in Rule 3 to strike out the complaint. This is because the Claimant does not have 2 years of service.[4]The Unfair Dismissal complaint is therefore struck out. Approved by: