EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
A claim was struck out in mid hearing, before the Claimant’s cross-examination had concluded, and without affording her the opportunity to call further witnesses, on the basis it had no reasonable prospect of success. The claim was one in which the Claimant had been dismissed for falsely over-stating the hours she had worked. She admitted this, but claimed that the employer insisted upon this practice, since it charged clients attended by her as a carer upon the basis of the hours she claimed, and thus benefitted itself, and that the practice was widespread and condoned throughout by her employer. The evidence yet to be called would have supported this.
It was HELD that it was inappropriate for a Tribunal to strike out a claim mid-hearing upon the basis that it found the evidence of the Claimant lacked credibility, particularly since the evidence relevant in the assessment of credibility (on the central issue) was that of the Respondent, which credibility could only finally be assessed in the light of all the probabilities arising from the whole of the evidence yet to be called. Observations were made discouraging Tribunals from acceding to applications to strike out a claim as having no reasonable prospect of success which were made during the course of a full hearing.
Judges:
Langstaff P J
Citations:
[2012] UKEAT 0051 – 11 – 1303
Links:
Jurisdiction:
England and Wales
Cited by:
Applied – Timbo v Greenwich Council for Racial Equality EAT 2-Oct-2012
EAT SEX DISCRIMINATION
On the third day of the hearing, at the close of the Claimant’s case, the Respondent applied to strike out the claim. The Tribunal reserved judgment and acceded to the application, . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 13 October 2022; Ref: scu.454088