EAT PRACTICE AND PROCEDURE: Striking-out/dismissal.
Unless the Claimant’s contentions can be rejected without any evidence being heard, it is an error of law to strike out a case as having no reasonable prospects of success on the basis that it is unarguable. In the instant case, whilst it might be difficult for the Claimant to persuade a full tribunal that she had not been guilty of academic fraud and thus not committed acts of gross misconduct and that her dismissal owed nothing to her allegations of sexual harassment made against a male superior, the employment judge had erred in concluding that giving evidence in support of her allegations could not make the case arguable. Nor was the case sufficiently exceptional to justify the dismissal of allegations of sex discrimination without factual investigation.
Hand QC J
 UKEAT 0450 – 08 – 1305
Updated: 04 August 2022; Ref: scu.376152