R Thomas v Expansys UK Limited

R Thomas v Expansys UK Limited

The Employment Appeal Tribunal found no error of law or perversity in the tribunal’s decision to strike out the claimant’s discrimination, harassment, and victimisation claims. The tribunal properly applied the high threshold for strike out, considered the pleadings and supporting documents, and found no pleaded...

Source-derived case information.

Parties
Appellant: Ms R Thomas; Respondent: Expansys UK Limited
Jurisdiction
England and Wales
Judgment Date
27 June 2022
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Race Discrimination, Victimisation, Harassment, Strike Out Applications, Jurisdictional/time Points
Employment Law Sex Discrimination Race Discrimination Victimisation Harassment Strike Out Applications Jurisdictional/time Points

Source-derived case record

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 6 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Ms R Thomas

Appellant

Expansys UK Limited

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in striking out the claimant’s complaints of direct race and sex discrimination, harassment and victimisation
  2. 2 Whether the tribunal properly applied the legal test for strike out in discrimination cases
  3. 3 Whether the claimant was unfairly disadvantaged by being required to define her case at the strike out hearing

Ratio Decidendi

The Employment Appeal Tribunal found no error of law or perversity in the tribunal’s decision to strike out the claimant’s discrimination, harassment, and victimisation claims. The tribunal properly applied the high threshold for strike out, considered the pleadings and supporting documents, and found no pleaded causation linking the dismissal by Mr Capp to discrimination. The claimant had multiple opportunities to clarify her case but failed to do so. The appeal was dismissed.

Court Disposition

Appeal dismissed