Kelso v Department for Work and Pensions: EAT 29 Oct 2015

EAT Practice and Procedure : Amendment
1 The Employment Tribunal (ET) struck out a claim under the Equality Act 2010 section 15 as having no reasonable prospects of success. It found that there were no pleadings from which it could be found that the unfavourable act complained of, namely dismissal, amounted to the respondent treating the claimant unfavourably because of something arising in consequence of the claimant’s disability. The claimant argued that the ET erred in law in doing so.
Held: the ET was entitled to reach the view that there were no relevant pleadings to instruct a case under section 15 Equality Act 2010. Appeal dismissed so far as relating to that decision. 2 The ET made an order for payment by claimant to respondent of expenses in the sum of andpound;1247 on the grounds that the claimant or her representative had acted unreasonably in the conduct of the proceedings. The claimant argued that there had been no unreasonable conduct. Counsel had been ready to argue in response to the motion for strike out, but the ET had decided to adjourn. Even if the arguments which counsel wished to advance were eventually not upheld by the ET, it was not unreasonable to make the arguments.
Held: there was no sufficient finding of unreasonable conduct. Appeal allowed in so far as it related to expenses.

Stacey Lady
[2015] UKEAT 0009 – 15 – 2910
Bailii
England and Wales

Employment

Updated: 06 January 2022; Ref: scu.554880