HM Prison Service v Dolby [2003] UKEAT 0368_02_3101 (31 January 2003)

HM Prison Service v Dolby [2003] UKEAT 0368_02_3101 (31 January 2003)

The Tribunal misapplied the legal tests under Rules 7 and 15 by treating them as different; both require a judgment on whether the claim has no reasonable prospect of success. The claim should not be struck out at this stage as Mr Dolby's allegations, though possibly difficult to substantiate, merit a full hearing.

Citation
[2003] UKEAT 0368_02_3101
Parties
Appellant's Counsel: Jonathan Swift; Respondent: A R Dolby
Jurisdiction
United Kingdom
Judgment Date
31 January 2003
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; claim not struck out
Legal Topics
Constructive Dismissal, Strike Out Applications, Employment Tribunal Procedure
Employment Law Constructive Dismissal Strike Out Applications Employment Tribunal Procedure

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 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Jonathan Swift

Appellant's Counsel

A R Dolby

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the Employment Tribunal applied the correct legal test for striking out under Rule 15
  2. 2 Whether the claim for constructive dismissal had no reasonable prospect of success

Ratio Decidendi

The Tribunal misapplied the legal tests under Rules 7 and 15 by treating them as different; both require a judgment on whether the claim has no reasonable prospect of success. The claim should not be struck out at this stage as Mr Dolby's allegations, though possibly difficult to substantiate, merit a full hearing.

Court Disposition

Appeal allowed in part; claim not struck out

Orders

  • Mr Dolby to set out the precise nature of his case within 14 days
  • Prison Service to respond within 21 days with agreed facts and list of issues