SEX DISCRIMINATION, RACE DISCRIMINATION, and JURISDICTIONAL/TIME POINTS
The claimant brought various claims before the employment tribunal. The EJ struck out the claimant’s complaints of direct race and sex discrimination, harassment and victimisation. One issue raised on appeal was that the claimant was ‘put on the spot to define her case at the strike out hearing’ and that this put her at a disadvantage.
The EAT found no error of law in the decision to strike out nor perversity. The tribunal may decide to strike out if there was no causation pleaded in respect of the sole person who was alleged to have discriminated where there were several opportunities to do so. There were many missed opportunities for the claimant to clarify what her case was on this point, but she did not do so.
Citations:
[2022] EAT 164
Links:
Jurisdiction:
England and Wales
Employment, Discrimination
Updated: 06 December 2022; Ref: scu.683359