EAT PRACTICE AND PROCEDURE
Striking-out/dismissal
Preliminary issues
Issue as to whether Claimant was dismissed under s95(1)(a) Employment Rights Act 1996 for purpose of her unfair dismissal claim ought to be dealt with as a preliminary issue at a PHR, rather than at a full merits hearing. Plainly it should on the basis of the Respondent’s application for strike out under ET rule 18(7)(b).
Appeal allowed: case remitted to Employment Tribunal for PHR to take place.
Judges:
Peter Clarke J
Citations:
[2010] UKEAT 0349 – 10 – 2008
Links:
Statutes:
Employment Rights Act 1996 95(1)(a)
Employment
Updated: 25 August 2022; Ref: scu.425017
