EAT Practice and Procedure : Striking-Out/Dismissal
The Employment Judge found that Claimant’s discrimination claim had been automatically struck out for failure to comply with an unless order and struck out his unfair dismissal claim on the basis that it had no reasonable prospects of success.
The unless order did not specify sufficiently clearly the consequences of failure to comply with the unless order.
The EJ ought not to have acceded to the application to strike out the unfair dismissal claim because the onus was on the Respondent to show the reason for dismissal and the facts were in dispute.
Judges:
Shanks J
Citations:
[2013] UKEAT 0251 – 12 – 2802
Links:
Jurisdiction:
England and Wales
Employment
Updated: 17 November 2022; Ref: scu.473015