Ms L McKerr v Vision Express (UK) Ltd: 8002352/2025
JUDGMENT
The judgment of the Employment Tribunal is that the claim of unfair dismissal under s94 of the Employment Rights Act 1996 is struck out as having no reasonable prospect of success.REASONS
[1]The claimant has brought a number of complaints against the respondent. One of those complaints is a claim of unfair dismissal under s94 of the Employment Rights Act 1996 (ERA).[2]The claimant does not have the two years’ service which is normally required for the Tribunal to hear a claim of unfair dismissal in terms section 108(1) ERA. Further, she does not advance a claim of “automatic” unfair dismissal for which the two year rule is disapplied.[3]Employment Judge O’Donnell was considering striking out the unfair dismissal claim under Rule 38(1)(a) as having no reasonable prospects of success. This was discussed with the claimant at a hearing on 9 January 2026 and, in terms of Rule 38(2), she was given time to make representations as to why this claim should not be struck out. An Order was made for the claimant to make such representations. No representations have been received within the time specified in the Order.[4]In these circumstances, the claim for unfair dismissal is struck out under Rule 38(1)(a) as having no reasonable prospects of success given that the claimant does not the necessary length of service to pursue such a claim.[5]For the avoidance of doubt, the claims under the Equality Act, including the claim that the claimant’s dismissal amounts to unlawful discrimination, remain live and are unaffected by this judgment. Date sent to parties: 11 March 2026