Johns v Solent SD Ltd. [2008] EWCA Civ 790 (12 June 2008)

Johns v Solent SD Ltd. [2008] EWCA Civ 790 (12 June 2008)

The claims should not be struck out because the outcome of the Heyday case may render Regulation 30 invalid, thereby giving Mrs Johns' claims a reasonable prospect of success. The tribunal Chairman erred in speculating about the likely outcome of Heyday based on insufficient material and factual differences between...

Source-derived case information.

Citation
[2008] EWCA Civ 790
Parties
Claimant/respondent: Anna Johns; Defendant/appellant: Solent SD Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2008
Procedural Posture
Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Age Discrimination, Strike Out Applications, Stay of Proceedings, EU Law Compliance
Employment Law Discrimination Law Unfair Dismissal Age Discrimination Strike Out Applications Stay of Proceedings EU Law Compliance

Source-derived case record

Summary, issues, holding and outcome

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Parties

Anna Johns

Claimant/respondent

Solent SD Limited

Defendant/appellant

Procedural Posture

Employment Appeal / Appeal From Employment Appeal Tribunal to Court of Appeal

Legal Issues

  1. 1 Whether Mrs Johns' claims for unfair dismissal and age discrimination should be struck out or stayed pending the outcome of the Heyday case before the European Court of Justice
  2. 2 Whether Regulation 30 of the Employment Equality (Age) Regulations 2006 is compatible with Directive 2000/78/EC

Ratio Decidendi

The claims should not be struck out because the outcome of the Heyday case may render Regulation 30 invalid, thereby giving Mrs Johns' claims a reasonable prospect of success. The tribunal Chairman erred in speculating about the likely outcome of Heyday based on insufficient material and factual differences between the Spanish and UK legislation. The balance of prejudice favors staying the claims rather than striking them out or proceeding to trial immediately.

Court Disposition

Appeal dismissed

Orders

  • Claims to be stayed pending outcome of Heyday case