||All England Reporter
|| All ER (D) 186 (Apr)
||Employment Appeal Tribunal
Wilkie J, Mr P Gammon and Mr D Welch
||The employee appeared in person.
||Bruce Carr (instructed by Addleshaw Goddard, Leeds) for the employer.
||4 April 2008
Employment tribunal - Striking out - Reasonable prospect of success - Tribunal striking out claim without recourse to oral evidence - Whether tribunal erring.
The employment tribunal had erred in striking out the employee's claim under s44 of the as, by failing to determine certain facts in issue, it had erred in its approach to the employer's application to strike out the employee's claim. As the employer's application was not one that was bound to fail, however, it was unjust to allow the employee's appeal and leave the employee free to proceed to a full blown merits hearing. Accordingly, the employer's application would be remitted to a differently constituted tribunal to determine the matter.
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