EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
AGE DISCRIMINATION
A Claimant does not establish an inference of discrimination simply by showing that he has been dismissed and replaced by someone whose protected characteristics are different from his own. Since the Claimant had done no more than that in respect of the allegations of sex and race discrimination, the Employment Judge should have struck them out. However, the complaint of age discrimination was sufficiently arguable to be tried on the merits by the Employment Tribunal, and the Judge’s refusal to strike that claim out would be upheld.
Judges:
Bean J
Citations:
[2011] UKEAT 0024 – 11 – 0804
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 15 September 2022; Ref: scu.441345
