A v B & Anor [2009] UKEAT 0450_08_1305 (13 May 2009)

A v B & Anor [2009] UKEAT 0450_08_1305 (13 May 2009)

The Employment Judge erred in law by striking out the claims of unfair dismissal and sex discrimination without hearing evidence, as there were disputed factual issues regarding the claimant's state of mind, honesty, and the connection between her dismissal and her allegations of sexual harassment. The case was not so exceptional as to justify strike out without a factual investigation.

Citation
[2009] UKEAT 0450_08_1305
Parties
Appellant/claimant: A; First Respondent/employer: B; Second Respondent/principal: C
Jurisdiction
United Kingdom
Judgment Date
13 May 2009
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review (striking Out)
Outcome
Appeal allowed; strike out reversed; case remitted to Employment Tribunal for hearing.
Legal Topics
Unfair Dismissal, Sex Discrimination, Victimisation, Striking Out Applications, Procedural Fairness
Employment Law Unfair Dismissal Sex Discrimination Victimisation Striking Out Applications Procedural Fairness

Case Brief

Summary, issues, holding and outcome

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Parties

A

Appellant/claimant

B

First Respondent/employer

C

Second Respondent/principal

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Pre Hearing Review (striking Out)

Legal Issues

  1. 1 Whether the Employment Judge erred in law by striking out the claims of unfair dismissal and sex discrimination as having no reasonable prospect of success without hearing evidence.
  2. 2 Whether the claims relating to earlier periods were properly dismissed as out of time.

Ratio Decidendi

The Employment Judge erred in law by striking out the claims of unfair dismissal and sex discrimination without hearing evidence, as there were disputed factual issues regarding the claimant's state of mind, honesty, and the connection between her dismissal and her allegations of sexual harassment. The case was not so exceptional as to justify strike out without a factual investigation.

Court Disposition

Appeal allowed; strike out reversed; case remitted to Employment Tribunal for hearing.

Orders

  • Appeal allowed.
  • Decision of Employment Judge reversed.