EAT Practice and Procedure: Striking-Out/Dismissal – 1. The Employment Judge erred in law in striking out claims of unlawful discrimination without a hearing where the Claimant advanced facts that were not significantly disputed but where the reasons for alleged poor and/or unreasonable treatment were part of the critical core of disputed facts that required a hearing.
2. Nevertheless the claims were rightly regarded, in the alternative, as having little prospect of success. The deposit Order made in the alternative would be substituted.
3. A second appeal raised an issue not argued below, and there were no exceptional reasons to permit it to be argued. In any event, there was no adequate material for the point to be determined.
Simler DBE P J
[2016] UKEAT 0091 – 15 – 2402
Bailii, Bailii
England and Wales
Employment, Discrimination
Updated: 14 January 2022; Ref: scu.562546