Ahir v British Airways Plc
The appeal was dismissed because the Employment Tribunal correctly applied the high threshold for strike out, found the appellant's case to be speculative and unsupported by any material, and concluded there was no reasonable prospect of success for the claims of victimisation, detriment, or unfair dismissal.
- Parties
- Appellant: Mr Ashok Ahir; Respondent: British Airways PLC
- Jurisdiction
- England and Wales
- Judgment Date
- 18 July 2017
- Procedural Posture
- Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
- Outcome
- appeal dismissed
- Legal Topics
- Victimisation, Unfair Dismissal, Strike Out Applications, Fixed Term Employment, Burden of Proof
Case Brief
Summary, issues, holding and outcome
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Parties
Mr Ashok Ahir
Appellant
British Airways PLC
Respondent
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Legal Issues
- 1 Whether the Employment Tribunal erred in striking out the appellant's claims for victimisation, detriment, and unfair dismissal as having no reasonable prospect of success
- 2 Whether the correct legal threshold for strike out in discrimination cases was applied
Ratio Decidendi
The appeal was dismissed because the Employment Tribunal correctly applied the high threshold for strike out, found the appellant's case to be speculative and unsupported by any material, and concluded there was no reasonable prospect of success for the claims of victimisation, detriment, or unfair dismissal.
Court Disposition
appeal dismissed
Full Case Text
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