Source: All England Reporter
Publisher Citation: [2006] All ER (D) 103 (Feb)
Court: Employment Appeal Tribunal
Judge:

Richardson J

Representation The employee appeared by his representative.
  James Wynne (instructed by Field Fisher Waterhouse) for the employer.
Judgment Dates: 8 November 2005

Catchwords

Employment tribunal - Procedure - Strike out - Disability discrimination - Tribunal striking out disability discrimination claim - Whether tribunal entitled to strike out claim - Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004, , Sch 1, r 18(7)(b), (c) and (f).

The Case

Even if a threshold ground for striking out the proceedings had been made out, it did not necessarily follow that an order to strike out ought to have been made. A tribunal had always to consider alternatives to striking out. In the instant case, the tribunal had erred in striking out the disability discrimination claim. On a fair reading of the pleadings and particulars as a whole, the disability claim was more than speculative.

Practice Areas

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