Source: All England Reporter
Publisher Citation: [2007] All ER (D) 42 (Jan)
Court: Employment Appeal Tribunal
Judge:

Judge Pugsley, Mr B Beynon and Mr P Gammon
Judgment Dates: 5 September 2006

Catchwords

Employment tribunal - Procedure - Hearing - Employment tribunal striking out employee's case at pre-hearing review - Tribunal taking view that case having no reasonable prospect of success - Whether striking out unfair - Whether tribunal's decision correct.

The Case

Any person had a right to have his case heard and it was wrong to pre-empt that right unless there were clear, cogent, and compelling reasons to say there were no reasonable prospects of success. On the particular facts of the instant case, the tribunal chairman's decision at a pre-trial hearing to strike out the employee's case on the basis that it had no reasonable prospect of success, was an evaluation which no tribunal could make on paper. Accordingly, the decision to strike out the employee's case was unfair, and his appeal would be allowed.

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