(Sex Discrimination: Indirect) The Employment Judge struck out claims of indirect discrimination without hearing any evidence, on the basis that they had no reasonable prospect of success. The Employment Judge refused to strike out direct discrimination claims, ordering a deposit Order instead.
On appeal, it was held that this was a case where on consideration of all the available material, the Tribunal could not properly conclude that the claim based on the first two PCPs had no reasonable prospect of success. The Employment Judge accordingly erred in law in reaching the opposite conclusion. A different view in relation to the asserted PCPs (iii), (iv) and (v) was taken and the strike out Order in relation to these was upheld.
The deposit Order was upheld
There was no appearance of bias.
Simler DBE J
[2016] UKEAT 0436 – 14 – 2901
Bailii
England and Wales
Employment, Discrimination
Updated: 12 January 2022; Ref: scu.560979
