||All England Reporter
|| All ER (D) 148 (Jan)
||Employment Appeal Tribunal
||Thomas Linden QC (instructed by the Treasury Solicitor) for the respondent.
||The applicant appeared by his representative.
||14 November 2006
Employment tribunal - Striking out - No reasonable prospect of success - Respondent applying to have applicant's race discrimination claim struck out on basis that no reasonable prospect of success disclosed - Tribunal chairman deciding case should proceed for evidence to be heard - Whether tribunal erring in law.
The respondent's appeal against the refusal of an employment tribunal chairman to strike the applicant's case out on the basis that it had no reasonable prospect of success was dismissed in circumstances where the chairman took the view that although the applicant's case was very weak, it was a case where the evidence should be heard.
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