| Source: | All England Reporter |
| Publisher Citation: | [2008] All ER (D) 52 (Jun) |
| Court: | Employment Appeal Tribunal |
| Judge: | Judge Burke QC, Mr T Motture and Ms K Bilgan |
| Representation | The employee appeared by her representative. |
| Emma Smith (instructed by Brodies LLP, Edinburgh) for the bank. | |
| Judgment Dates: | 5 June 2008 |
Catchwords
Unfair dismissal - Constructive dismissal - Sex discrimination - Race discrimination - Employment tribunal chairman striking out employee's race complaint for being presented out of time - Chairman requiring employee to pay deposit to pursue remaining claims - Whether chairman erring.
The Case
In employment tribunal proceedings concerning the employee's complaints of, inter alia, unfair constructive dismissal and sexual and racial discrimination, the employment tribunal chairman had erred in law when, at a pre-hearing review, he had struck out the employee's complaint of racial discrimination for being out of time, and had imposed a requirement on her to pay in deposits to enable her to pursue her remaining complaints. The issue of whether it was just and equitable for the employee to present her racial discrimination claim was remitted to a fresh tribunal for reconsideration and no deposit was required of the employee to pursue her claims as it could not be said that her complaints had little reasonable prospect of success.
Practice Areas
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