Kaur v Sun Mark Ltd and Others

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 – Can a case be struck out if a witness being cross-examined discusses their evidence during an adjournment?

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. […]

By |2019-12-28T13:17:49+00:00May 12th, 2017|Tribunal Strike-Outs|0 Comments

ET3 Strike-out

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.

By |2019-12-29T18:15:32+00:00July 6th, 2012|Trade Unions, Tribunal Strike-Outs|0 Comments

Striking out of Tribunal claims

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 […]

By |2019-12-29T18:24:09+00:00January 20th, 2012|Tribunal Strike-Outs|0 Comments

Application to strike out

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 […]

By |2019-12-29T18:44:20+00:00March 17th, 2010|Tribunal Strike-Outs|0 Comments