N Mendy v Motorola Solutions UK Limited & Ors

N Mendy v Motorola Solutions UK Limited & Ors

The Tribunal's case management order, by stating there was no discernible claim of indirect discrimination and requiring an application to amend, amounted to a final determination and thus a striking out of that claim without the required procedural safeguards. This was an error of law, and the subsequent purported revocation under Rule 29 was of no effect.

Parties
Appellant: Mr N Mendy; Respondents: Motorola Solutions UK Limited and Ors
Jurisdiction
England and Wales
Judgment Date
31 March 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Striking Out of Claim, Indirect Discrimination, Case Management Orders, Procedural Fairness
Employment Law Discrimination Law Striking Out of Claim Indirect Discrimination Case Management Orders Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

Mr N Mendy

Appellant

Motorola Solutions UK Limited and Ors

Respondents

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal's case management order amounted to a striking out of the claim for indirect discrimination
  2. 2 Whether the Tribunal erred in law by removing the indirect discrimination claim without proper procedural safeguards

Ratio Decidendi

The Tribunal's case management order, by stating there was no discernible claim of indirect discrimination and requiring an application to amend, amounted to a final determination and thus a striking out of that claim without the required procedural safeguards. This was an error of law, and the subsequent purported revocation under Rule 29 was of no effect.

Court Disposition

Appeal allowed

Orders

  • Paragraph 3.5 of schedule B of the November 2020 Employment Tribunal order is set aside.