Practice and Procedure – Striking-Out/Dismissal – The Tribunal erred in not taking the Claimant’s case at its highest for the purposes of determining whether to strike it out. There were clear disputes of fact which went to key issues relating to the period when the alleged harassment commenced, the date on which the line manager was allegedly informed about the harassment and, consequently, when the alleged protected act was done. The decision to strike out would therefore be set aside. However, the Tribunal’s alternative conclusion that the Claimant’s claims had little reasonable prospect of success, which was not the subject of the appeal, was correct. The matter would be remitted to the Tribunal to make the appropriate deposit orders having regard to the Claimant’s means.
Citations:
[2018] UKEAT 0145 – 17 – 0903
Links:
Jurisdiction:
England and Wales
Employment
Updated: 22 April 2022; Ref: scu.616883