The employer had applied to strike out their employee’s claim for unfair dismissal, and also sought a deposit from the claimant. The claim had been re-instated by the EAT.
Held: A claim should not be struck out where, as here, there were facts in dispute between the parties which might affect the decision. It was legally perverse to decide as the tribunal had done. Only a hearing could resolve the factual issues in dispute.
Judges:
Ward LJ, Maurice Kay LJ, Moore-Bick LJ
Citations:
[2007] EWCA Civ 330, Times 19-Mar-2007, [2007] IRLR 603, [2007] 4 All ER 940, [2007] ICR 1126
Links:
Jurisdiction:
England and Wales
Citing:
Appeal from – Ezsias v North Glamorgan NHS Trust EAT 25-Jul-2006
EAT Employment Tribunal struck out unfair dismissal claims stating they were bound to fail. The employers had made two applications, one for a deposit to be ordered pursuant to rule 20 of the Employment Tribunal . .
Cited by:
See Also – Ezsias v The Welsh Ministers QBD 23-Nov-2007
The Claimant claimed under Section 7(9) of the 1998 Act for failures to disclose data to him following several requests. He sought (i) a declaration that the National Assembly had failed to comply with their obligations under the 1998 Act, (ii) . .
See Also – Ezsias v Welsh Ministers CA 24-Jun-2008
Renewed application for leave to appeal against orders making a limited declaration that there were certain breaches on the defendant’s part of their obligations under the Data Protection Act 1998 in that they did not disclose all disclosable . .
Cited – Knight v Treherne Care and Consultancy Ltd EAT 15-Apr-2009
EAT UNFAIR DISMISSAL
The Employment Tribunal erred when it found the employee was not unfairly dismissed. There was no disciplinary hearing. In the light of London Ambulance Service NHS Trust v Small [2009] . .
Cited – RSA Consulting Ltd v Evans CA 23-Jul-2010
The respondent worked as a consultant for the appellant through an intermediary agency. When the arrangement was terminated, she had made a claim alleging an unauthorised deduction from her wages in repect of a contractual period of one month’s . .
Cited – Timbo v Greenwich Council for Racial Equality EAT 2-Oct-2012
EAT SEX DISCRIMINATION
On the third day of the hearing, at the close of the Claimant’s case, the Respondent applied to strike out the claim. The Tribunal reserved judgment and acceded to the application, . .
See Also – Ezsias v North Glamorgan NHS Trust EAT 18-Mar-2011
EAT CONTRACT OF EMPLOYMENT – Disciplinary and grievance procedure
UNFAIR DISMISSAL – Reason for dismissal including substantial other reason
(1) An employee who has been dismissed because of the . .
Cited – Sanak v Community Lives Consortium EAT 2-Apr-2014
EAT Practice and Procedure : Striking-Out or Dismissal – Permissible strike-out. Ezsias considered. Appellant failed to co-operate in preparing the appeal for hearing and did not attend. Appeal dismissed on its . .
Cited – B v John Reid and Sons (Strucsteel) Ltd EAT 21-May-2015
EAT Unfair Dismissal: Automatically Unfair Reasons – Automatic Unfair Dismissal – Section 100(1)(e) Employment Rights Act 1996 – Applying the two-stage approach laid down by the EAT in Oudahar v Esporta Group Ltd . .
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: 10 July 2022; Ref: scu.251443