Daly v Northumberland Tyne and Wear NHS Foundation Trust: EAT 7 Jul 2016

EAT Practice and Procedure: Striking-Out/Dismissal – The Employment Tribunal erred in law in striking out claims pursued by the Claimant on the basis that they had no reasonable prospect of success and/or because the Claimant’s conduct of the proceedings was unreasonable.
There was a dispute of fact at the heart of the claim that was not capable of fair resolution without a hearing. Moreover, the finding that the Claimant’s unreasonable conduct justified striking out of his claim was not sustainable where the Employment Tribunal had no basis for concluding that a fair trial was no longer possible.
The case was remitted to the same Employment Tribunal for consideration of whether a deposit order should be made.

Simler DBE P J
[2016] UKEAT 0109 – 16 – 0707
England and Wales


Updated: 20 January 2022; Ref: scu.567946