Jakpa v London Underground Ltd & Ors (Practice and Procedure : Striking-out or dismissal) [2013] UKEAT 0571_12_2901 (29 January 2013)

Jakpa v London Underground Ltd & Ors (Practice and Procedure : Striking-out or dismissal) [2013] UKEAT 0571_12_2901 (29 January 2013)

The Employment Tribunal was entitled to strike out the claims because the claimant's conduct rendered a fair trial impossible, and no lesser order would have been proportionate or effective. The Tribunal's decision was careful, measured, and within the scope of its discretion.

Citation
[2013] UKEAT 0571_12_2901
Parties
Appellant/claimant: Mr Jakpa; Respondents: London Underground and 3 named employees
Jurisdiction
United Kingdom
Judgment Date
29 January 2013
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal's Strike Out Judgment
Outcome
Appeal dismissed
Legal Topics
Strike Out of Claims, Unfair Dismissal, Race Discrimination, Conduct of Proceedings, Fair Trial
Employment Law Civil Procedure Strike Out of Claims Unfair Dismissal Race Discrimination Conduct of Proceedings Fair Trial

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Jakpa

Appellant/claimant

London Underground and 3 named employees

Respondents

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal's Strike Out Judgment

Legal Issues

  1. 1 Whether the Employment Tribunal was entitled to strike out the claimant's claims due to his conduct rendering a fair trial impossible
  2. 2 Whether the strike-out was a proportionate response under the relevant rules

Ratio Decidendi

The Employment Tribunal was entitled to strike out the claims because the claimant's conduct rendered a fair trial impossible, and no lesser order would have been proportionate or effective. The Tribunal's decision was careful, measured, and within the scope of its discretion.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.