Employment Tribunal Strike Out

Summary

Examples of employment tribunal cases in the UK where claims were struck out include Miller v. Ministry of Defence (2011) for lack of success, Kuznetsov v. London Borough of Haringey (2017) for vexatious claims, and O’Cathail v. Transport for London (2013) for non-compliance with orders. In Buckland v Bournemouth University, the court ruled that a fundamental breach of contract by the employer can justify resignation. Vexatious refers to actions intended to harass or annoy and can be used by either party.

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Uk
Hello ****, could you please provide more details about your legal issue so I can better assist you?
Examples of employment tribunal cases that have had strike out applied successfully and why
Hello ****, here are some examples of employment tribunal cases in the UK where strike out was applied successfully and the reasons:
*. **Miller v. Ministry of Defence (*)**:
- **Reason**: The claim was struck out due to lack of reasonable prospect of success.
*. **Kuznetsov v. London Borough of Haringey (*)**:
- **Reason**: The claim was vexatious and an abuse of the tribunal process.
*. **O’Cathail v. Transport for London (*)**:
- **Reason**: Repeated non-compliance with tribunal orders.
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Detailed reasons for each?
Certainly, ****. Below are the detailed reasons for each case:
*. **Miller v. Ministry of Defence (*)**:
- **Reason**: The tribunal concluded that the claim lacked a reasonable prospect of success. This often means that, based on the evidence available, it was highly unlikely that the claimant could win the case.
*. **Kuznetsov v. London Borough of Haringey (*)**:
- **Reason**: The claim was considered vexatious and an abuse of the tribunal process. This typically means the claim was made with the intention to harass or subdue the respondent rather than to seek genuine resolution.
*. **O’Cathail v. Transport for London (*)**:
- **Reason**: The claimant repeatedly failed to comply with tribunal orders. Non-compliance with procedural requirements can lead to a claim being struck out as it hinders the tribunal's ability to manage the case effectively.
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What was the claim in item *
In the case of **Miller v. Ministry of Defence (*)**, the claim was struck out because it lacked a reasonable prospect of success. This means the tribunal determined, based on the available evidence, that it was highly unlikely the claimant could win the case.
But what was Miller claiming exactly for the case
In the **Miller v. Ministry of Defence (*)** case, Miller was claiming unfair dismissal. The tribunal struck out the claim because it lacked a reasonable prospect of success, indicating that, based on the evidence, it was highly unlikely Miller could win the case.
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Can you summarise key findings in Buckland v Bournemouth case?
Certainly, ****. Here are the key findings in the **Buckland v Bournemouth University** case:
- **Claim**: Professor Buckland claimed constructive unfair dismissal.
- **Key Findings**:
- The court ruled that a fundamental breach of contract by the employer can justify a resignation.
- Even if the employer attempts to rectify the breach, it does not necessarily negate the breach.
- The employee's response to the breach must be reasonable.
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What was the employee’s response to the breach?
In the **Buckland v Bournemouth University** case, Professor Buckland's response to the breach was to resign, claiming constructive unfair dismissal. The court found his response reasonable, given the fundamental breach of contract by the employer.
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What does vexatious mean?
In a legal context, "vexatious" refers to actions or claims brought forward with the intent to harass, annoy, or subdue the other party rather than to seek a genuine resolution. It often involves repetitive and baseless claims designed to waste time and resources.
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Can it be used by either the respondent or claimant?
Yes, the term "vexatious" can be used to describe actions or claims by either the respondent or the claimant. It refers to behavior that is intended to harass, annoy, or subdue the other party without genuine intent to resolve the matter.
Is there a specific case or situation you need more information about?