EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Claimant failed to undergo medical examination necessary for disability claim. Further claims of race and religious discrimination also brought.
All claims struck out by Employment Judge under ET rule 18(7)(c). No consideration apparently given to (a) whether a fair trial was possible or (b) a lesser sanction, e.g. unless order/separating out race and religion claims (see rule 18(8)). Anyanwu, Blockbuster v James and Abegaze considered and applied.
Claimant’s appeal allowed. Respondent’s strike-out application remitted to a different EJ for reconsideration.
Peter Clark J
[2013] UKEAT 0064 – 13 – 1705
Bailii
England and Wales
Employment
Updated: 14 November 2021; Ref: scu.511062