S Sually v HMRC

S Sually v HMRC

The employment judge erred in law by striking out parts of the claim and making a deposit order without sufficient consideration of the pleadings, the claimant's resources, and the relevant legal principles, particularly in the context of a litigant in person and disputed facts. The judge failed to consider the entirety of the pleaded case and did not provide adequate reasoning for the decisions.

Parties
Appellant: Ms S Sually; Respondent: HM Revenue & Customs
Jurisdiction
England and Wales
Judgment Date
11 October 2024
Procedural Posture
Employment Appeal / Appeal From Preliminary Hearing Decision
Outcome
Appeal allowed
Legal Topics
Strike Out Applications, Deposit Orders, Victimisation, Direct Discrimination, Harassment, Reasonable Adjustments, Limitation Periods
Employment Law Discrimination Law Strike Out Applications Deposit Orders Victimisation Direct Discrimination Harassment Reasonable Adjustments +1 more

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 4 Authorities cited 12 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Ms S Sually

Appellant

HM Revenue & Customs

Respondent

Procedural Posture

Employment Appeal / Appeal From Preliminary Hearing Decision

Legal Issues

  1. 1 Whether the employment judge erred in law in striking out complaints of victimisation, direct discrimination and harassment
  2. 2 Whether the employment judge erred in making a deposit order
  3. 3 Whether the employment judge properly considered the claimant's resources in making a deposit order

Ratio Decidendi

The employment judge erred in law by striking out parts of the claim and making a deposit order without sufficient consideration of the pleadings, the claimant's resources, and the relevant legal principles, particularly in the context of a litigant in person and disputed facts. The judge failed to consider the entirety of the pleaded case and did not provide adequate reasoning for the decisions.

Court Disposition

Appeal allowed

Orders

  • Strike out of claims set aside
  • Deposit order set aside