Practice and Procedure – Striking-out/dismissal
Should case be struck out on the grounds that it has no reasonable prospect of success? Employment Tribunal held that it should not, because although very weak, it was a case where the evidence should be heard. The EAT held that there was in substance no error of law in that analysis. The issue was complicated because the Claimant and the Tribunal considered the claim to be one of indirect discrimination whereas the EAT held that it was direct. A claim of indirect discrimination could not succeed, but the claim for direct discrimination turned on the evidence.
Judges:
Elias P
Citations:
[2006] UKEAT 0457 – 06 – 1411, UKEAT/0457/06
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 July 2022; Ref: scu.247846