EAT Practice and Procedure: Striking-Out/Dismissal – The Employment Judge struck out what remained of the Claimant’s claim on the ground that it had no reasonable prospects of success.
Held: appeal allowed. The Employment Judge ought not to have struck out the claim when there was a crucial core of disputed fact. Anyanwu v South Bank Student Union [2001] ICR 391, Ezsias v North Glamorgan NHS Trust [2007] ICR 1126 and Tayside Public Transport Company Limited v Reilly [2012] CSIH 46 applied.
David Richardson HHJ
[2015] UKEAT 0093 – 15 – 1307
Bailii
England and Wales
Employment
Updated: 04 January 2022; Ref: scu.552833