Mustafa v Guy’s and St Thomas NHS Foundation Trust: EAT 22 Dec 2011

EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Disability Discrimination Act and unfair dismissal claims struck out for non compliance with an unless order for further and better particulars. Relief granted against that sanction in respect of the claim for unfair dismissal but not in respect of the DDA claim. Employment Judge failed sufficiently to articulate his reasoning so as to reflect the now settled state of the legal tests and approach to these issues. Decisions that there was non compliance and to refuse relief on the DDA claim overturned and remitted to a different Employment Tribunal constitution for determination.

Judges:

Wilkie J

Citations:

[2011] UKEAT 0516 – 11 – 2212

Links:

Bailii

Jurisdiction:

England and Wales

Employment, Discrimination

Updated: 04 October 2022; Ref: scu.450284