EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
On appeal, it was conceded that the Employment Judge erred in rejecting the Claimant’s claim as he was not an employee or worker, for he can argue he was an agency worker.
It was held that the Claimant’s claim did contain claims for age and race discrimination in respect of the Respondent’s refusal to give him a reference and to appoint him to a vacancy.
The Employment Judge erred in holding the race claim had no reasonable prospects and the case would be restored for a full merits hearing. It is open to the Respondent to restore its application for a deposit order.
The Employment Judge did not err in striking out the age discrimination claims.
McMullen QC J
[2013] UKEAT 0285 – 13 – 0609
Bailii
England and Wales
Employment
Updated: 22 November 2021; Ref: scu.516748
