PP v GG Limited

PP v GG Limited

The Employment Tribunal erred in law by failing to consider relevant factors including the claimant's genuine belief and evidence, perversely deciding a fair trial was impossible, and creating an appearance of bias by suggesting and then upholding the respondent's strike-out application. The strike-out decision was disproportionate and procedurally unfair.

Parties
Appellant: PP; Respondent: GG Limited
Jurisdiction
England and Wales
Judgment Date
13 May 2025
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Strike Out Applications, Unreasonable Conduct, Anonymity Orders, Fair Trial, Procedural Fairness, Apparent Bias
Employment Law Practice and Procedure Strike Out Applications Unreasonable Conduct Anonymity Orders Fair Trial Procedural Fairness Apparent Bias

Case Brief

Summary, issues, holding and outcome

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Parties

PP

Appellant

GG Limited

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal erred in striking out the claimant's claim for unreasonable conduct
  2. 2 Whether the Tribunal failed to consider relevant factors including genuine belief and mental health
  3. 3 Whether the Tribunal's decision was perverse regarding the possibility of a fair trial

Ratio Decidendi

The Employment Tribunal erred in law by failing to consider relevant factors including the claimant's genuine belief and evidence, perversely deciding a fair trial was impossible, and creating an appearance of bias by suggesting and then upholding the respondent's strike-out application. The strike-out decision was disproportionate and procedurally unfair.

Court Disposition

appeal allowed

Orders

  • Case remitted to the Employment Tribunal for further directions
  • Claimant's claim reinstated; strike-out decision overturned