EAT Practice and Procedure: Striking-Out/Dismissal – The Employment Judge erred in law in striking out the Claimant’s claims of unfair dismissal and disability discrimination in respect of dismissal. He ought to have applied Tayside Public Transport Co Ltd t/a Travel Dundee v Reilly [2012] IRLR 755 CS at paragraph 30. There was a crucial core of disputed fact which the Employment Tribunal would have to resolve in order to determine the claims; there was no exceptional feature such as a clear admission of gross misconduct or incontrovertible documentary proof. The question whether there should be a deposit Order was remitted.
David Richardson HHJ
[2016] UKEAT 0196 – 15 – 0306
Bailii
England and Wales
Employment
Updated: 20 January 2022; Ref: scu.567282