Kwele-Siakam v The Co-Operative Group Ltd (Practice and Procedure): EAT 27 Jul 2017

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
The Employment Judge erred in striking out claims of direct race discrimination by conducting more than a mini-trial into the main issue in the case, the reason for the acts of which complaint was made. The Claimant gave evidence and was extensively cross-examined in a two-day hearing. The Employment Judge failed to apply the principles in Ezsias v North Glamorgan NHS Trust [2007] IRLR 603. Observations on the dangers of conducting a strike out hearing at which findings on the credibility of the Claimant are made which are central to the main issue in the claim. Qdos Consulting Ltd v Swanson UKEAT/0495/11 and Chandhok v Tirkey [2015] IRLR 195 considered.

Judges:

Slade DBE J

Citations:

[2017] UKEAT 0039 – 17 – 2707

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 30 March 2022; Ref: scu.595001