EAT Practice and Procedure
Striking-out/dismissal
Admissibility of evidence
An employment tribunal has no jurisdiction to hear a claim of discrimination and victimisation founded upon a letter from the Respondent’s advisers to the Claimant’s advisers refusing to disclose a document said to be relevant. Disclosure and preparation of bundles pursuant to case management directions are protected by absolute immunity. So is a response directed to the Tribunal to the Claimant’s application for costs. Both letters came into existence for the purpose of the proceedings and in the second case was ‘akin to a pleading’ and thus both attracted absolute immunity. The Claimant’s claims based on those two letters were struck out.
Judges:
McMullen QC J
Citations:
[2008] UKEAT 0422 – 07 – 1802, [2008] IRLR 350
Links:
Employment
Updated: 13 July 2022; Ref: scu.264644