(Practice and Procedure – Striking Out – No Reasonable Prospect of Success) The Employment Tribunal had struck out the claimant’s claim of unfair dismissal, as having no reasonable prospect of success, in circumstances in which she had requested redundancy. The claimant appealed.
Held: allowing the appeal
The claimant’s case was that the respondent had manufactured a situation in which another employee was brought in to replace the existing part-time workers (the claimant and another) and she contended that the process followed by the respondent was unfair and had led her to request redundancy. The Employment Tribunal had failed to engage with the claimant’s case, focusing only on the decision to accept her request for redundancy and thus finding that the background matters of which the claimant complained were irrelevant. That amounted to an error of law as the Employment Tribunal had not had proper regard to the documentation before it and had failed to take the claimant’s case at its highest. There was a dispute of fact between the parties that was relevant to the issues to be determined and it could not be said that the claimant’s case had no reasonable prospect of success.
Judges:
The Honourable Mrs Justice Eady DBE, President
Citations:
[2022] EAT 56
Links:
Jurisdiction:
England and Wales
Employment
Updated: 27 April 2022; Ref: scu.675615