Johns v Solent SD Ltd.

Johns v Solent SD Ltd.

The claims should not be struck out because the outcome of the Heyday case before the European Court of Justice may render Regulation 30 invalid, thereby giving Mrs Johns' claims reasonable prospects of success. It is inappropriate to speculate on the outcome of the European proceedings, and the balance of prejudice favours staying the claims rather than dismissing them.

Parties
Claimant/respondent: Mrs Anna Johns; Defendant/appellant: Solent SD Limited
Jurisdiction
England and Wales
Judgment Date
12 June 2008
Procedural Posture
Civil Appeal / Appeal From Employment Appeal Tribunal
Outcome
Appeal dismissed
Legal Topics
Unfair Dismissal, Age Discrimination, Strike Out Applications, Stay of Proceedings
Employment Law Discrimination Law Unfair Dismissal Age Discrimination Strike Out Applications Stay of Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Mrs Anna Johns

Claimant/respondent

Solent SD Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Employment Appeal Tribunal

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 the Employment Tribunal Chairman applied the correct legal test in striking out the claims
  3. 3 Whether the claims had reasonable prospects of success in light of pending European litigation

Ratio Decidendi

The claims should not be struck out because the outcome of the Heyday case before the European Court of Justice may render Regulation 30 invalid, thereby giving Mrs Johns' claims reasonable prospects of success. It is inappropriate to speculate on the outcome of the European proceedings, and the balance of prejudice favours staying the claims rather than dismissing them.

Court Disposition

Appeal dismissed

Orders

  • The claims of Mrs Johns are to be stayed pending the outcome of the Heyday case and subsequent proceedings.