Xia v Tag Europe Ltd (Practice and Procedure): EAT 15 Nov 2021

Practice and Procedure
An Employment Judge struck out the claimant’s claims on the basis that the (i) that the manner in which the proceedings had been conducted by the claimant had been scandalous, unreasonable and vexatious and (ii) because the claims had no reasonable prospect of success. The claimant had claimed that a series of audio recordings revealed comments in English and Chinese demonstrated her colleagues using foul and obscene sexual, violent and other abusive language about her. The Judge listened to some of the tapes and concluded that none of the comments which were contained in the purported transcript were audible, and that, in so far as they were audible the tapes contained nothing of a sinister nature. Given the manner in which the claimant had brought and conducted her claims he struck them out.
Following a 3(10) hearing the appeal was limited to the single issue whether the Employment Judge had erred in failing to differentiate between the discrimination claims and the unfair dismissal claims. He had grouped the allegations into categories with a final category headed ‘the remaining allegations’. There was nothing to suggest that Judge had had the Unfair Dismissal claim in mind as such an ‘allegation’. Unfair Dismissal legislation requires an employer to demonstrate the reason for a dismissal, so any lack of credibility on the part of a claimant in relation to issues on which she bore the burden of proof would not necessarily be fatal to such a claim. The reasons failed to explain why the Unfair Dismissal claim had been struck out and the appeal was allowed. The issue was remitted to a differently constituted Tribunal

[2021] UKEAT 2019-001042
England and Wales


Updated: 19 November 2021; Ref: scu.669836