Unfair Dismissal
Heard at London East
The claim was struck out because there was no reasonable prospect of success; the dismissal was within the range of reasonable responses given the repeated security breaches and a live final written warning.
Legal Issues (1)
- Application of strike-out test under Rule 38(1)(a) – no reasonable prospect of success. The tribunal considered the Burchell test (genuine belief, reasonable grounds, reasonable investigation) and the range of reasonable responses. The claimant's case was not reasonably arguable given the seriousness of the misconduct and the existing final written warning
Reference: 6003348/2024
