As a basis for strike-out, "no reasonable prospect of success" means exactly that: it is not a matter for a balance of probabilities.
Mrs Short brought claims for unfair dismissal (both ordinary and automatic) and detrimental treatment as a result of whistle-blowing, but an Employment Judge (EJ) struck out her claim under Rule 18(7) at a Pre-Hearing Review (PHR). The EJ's view was that the claims had no reasonable prospects of success.
Mrs Short appealed to the EAT - and won.
Case Summary Tag: