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 (3)
- 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.
