Boateng v Moss Bros Group Ltd (PRACTICE AND PROCEDURE - Strike out; Postponement) [2026] EAT 50 (02 April 2026)

Boateng v Moss Bros Group Ltd (PRACTICE AND PROCEDURE - Strike out; Postponement) [2026] EAT 50 (02 April 2026)

The tribunal did not err in striking out the discrimination complaints as the unavailability of key witnesses, due to delay and business circumstances, rendered a fair trial impossible. The refusal to postpone the merits hearing was also correct as there was no material change of circumstances and the unfair dismissal and holiday pay claims could be fairly tried.

Citation
[2026] EAT 50
Parties
Appellant: Anthony Boateng; Respondent: Moss Bros Group Limited
Jurisdiction
United Kingdom
Judgment Date
02 April 2026
Procedural Posture
Employment Appeal Tribunal / Appeal From Preliminary Hearing Strike Out and Refusal to Postpone Merits Hearing
Outcome
Appeal dismissed
Legal Topics
Strike Out Applications, Fair Trial, Discrimination, Unfair Dismissal, Holiday Pay, Postponement of Hearings
Employment Law Civil Procedure Strike Out Applications Fair Trial Discrimination Unfair Dismissal Holiday Pay Postponement of Hearings

Case Brief

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Parties

Anthony Boateng

Appellant

Moss Bros Group Limited

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Preliminary Hearing Strike Out and Refusal to Postpone Merits Hearing

Legal Issues

  1. 1 Whether the tribunal erred in striking out discrimination complaints as no longer capable of a fair trial under Rule 37(1)(e) Employment Tribunal Rules 2013
  2. 2 Whether the tribunal erred in refusing to postpone the full merits hearing of unfair dismissal and holiday pay claims

Ratio Decidendi

The tribunal did not err in striking out the discrimination complaints as the unavailability of key witnesses, due to delay and business circumstances, rendered a fair trial impossible. The refusal to postpone the merits hearing was also correct as there was no material change of circumstances and the unfair dismissal and holiday pay claims could be fairly tried.

Court Disposition

Appeal dismissed

Orders

  • Both appeals are dismissed.