EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Striking out – unfair dismissal and wrongful dismissal.
As to unfair dismissal, since (as the Employment Judge recognised) it was arguable that an important part of the decision maker’s reason for summary dismissal was flawed, it was essential to look at the decision maker’s decision as a whole. Striking out was not justified.
As to wrongful dismissal, the Employment Judge ought not to have struck out the claim without a hearing at which disputed facts were determined.
North Glamorgan NHS Trust v Ezsias [2007] ICR 1126 and EDandF Mann Liquid Products Ltd v Patel and Another [2003] EWCA Civ 472 discussed.
Richardson J
[2011] UKEAT 0511 – 10 – 1406
Bailii
England and Wales
Citing:
Cited – E D and F Man Liquid Products Ltd v Patel and Another CA 4-Apr-2003
The rules contained two occasions on which a court would consider dismissal of a claim as having ‘no real prospect’ of success.
Held: The only significant difference between CPR 24.2 and 13.3(1), is that under the first the overall burden of . .
Cited – 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 . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 09 November 2021; Ref: scu.441462