EAT UNFAIR DISMISSAL
Strike out. Whether claim had reasonable prospects of success. Whether failure to actively pursue a claim. Employment Tribunal failed to have regard to relevant law and reached conclusions both on the issue of reasonable prospects and whether Claimant had failed to actively pursue his claim which were manifestly not open to it.
Amendment. Circumstances in which it was appropriate to allow amendment of Notice of Appeal which had been drafted by the Claimant, by means of substitution of grounds drafted by counsel instructed under ELAAS scheme. Factors to be taken into account.
Judges:
Lady Smith
Citations:
[2010] UKEAT 0343 – 10 – 1511, [2011] IRLR 217
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Deer v University of Oxford CA 6-Feb-2015
The claimant had previously succeeded in a claim of sex discrimination against the University, her former employer. She now appealed against rejection of her claims alleging later victimisation.
Held: Two appeals succeed, and those matters . .
Cited – Tayside Public Transportcompany Ltd (T/A Travel Dundee) v Reilly SCS 30-May-2012
The respondent bus driver had claimed unfair dismissal following an accident. The Employment Tribunal struck out his case as having no reasonable prospect of success, but the case had been re-instated by the EAT.
Held: the power given in the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 26 August 2022; Ref: scu.425977