||All England Reporter
|| All ER (D) 103 (Feb)
||Employment Appeal Tribunal
||The employee appeared by his representative.
||James Wynne (instructed by Field Fisher Waterhouse) for the employer.
||8 November 2005
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).
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.
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