Claimant Who Destroyed Evidence Before Damages Hearing Gets Her Claim Struck Out In the case of Kaur v Sun Mark Ltd and others, the Claimant had successfully shown the Employment Tribunal (ET) that she was a victim of sexual harassment, discrimination, and victimisation. Following an appeal by the Respondent on the Victimisation claim, the Respondent [...]
Chidzoy v British Broadcasting Corporation Welcome back to your weekly case law update. Last week we covered three cases whose issues included constructive dismissal, the national minimum wage and disability discrimination. This week, we have a rather rare case on strike-out applications. Earlier this year, we mentioned that Employment Tribunal decisions were now available online. […]
Sounds painful? It was for EPEM ltd whose Response was struck out by an Employment Tribunal for failure to comply with an Unless Order. However, the EAT confirmed that whilst a strike out prohibits the Respondent from participating in the liability hearing, it does not prohibit participation in a remedy hearing.
The EAT case of Mr Sharma v New College Nottingham may be a useful point of reference for practitioners if faced with a strike out application. The EAT determined that where there are underlying disputes of fact, the Employment Tribunal should not rely solely on the contents of contemporaneous correspondence as sufficient to conclude that […]
The EAT case of Mr S May v Greenwich Council concerns the decision of the Tribunal not to accept the claim of Mr May under rule 3(2) of the Employment Tribunal Rules of Procedure because of partial illegibility. The form was completed in lower case, was small, smudged and difficult to read. The EAT ruled […]
The case of Clifton v Lloyds TSB PLC reported at the EAT is another reminder, if one were needed, that strike outs for a claim having no reasonable prospects will be extremely rare, particularly where the central facts are in dispute. If the facts are in dispute then a full Tribunal will need to hear […]
in the case of Mr Leon – v – Trans Global Freight Management Limited the Respondent’s representative had written to the Claimant on a couple of occasions requesting disclosure of documentation. However, the Claimant failed to respond and the Respondent consequently wrote to the Tribunal requesting a Unless Order. The Claimant failed to comply with the Unless […]
Under the Employment Tribunal Procedure Rules, the Tribunal has the power (often at the request of the other party and at a pre-hearing review) to strike out a claim on the grounds that it has no reasonable prospects of success. Arguably this is quite a high hurdle to overcome and it can only be used […]
