McKerrow v The Princess Alexandra Hospital NHS Trust (Race Discrimination : Prospective employees) [2011] UKEAT 0387_11_1711 (17 November 2011)

The appeal was allowed because there were material factual matters regarding the reason for withdrawal of the job offer that the Appellant should not be denied the opportunity to investigate, and it could not be said that the claim had no reasonable prospects of success.

Citation: [2011] UKEAT 0387_11_1711
Parties: Appellant: Appellant; Respondent: Respondent
Jurisdiction: United Kingdom
Judgment Date: 17 November 2011
Procedural Posture: Employment Tribunal Appeal / Appeal Against Strike Out of Claim
Outcome: Appeal allowed
Legal Topics: Race Discrimination, Victimisation, Strike Out Applications, Employment Tribunal Procedure

Employment Law Discrimination Law Race Discrimination Victimisation Strike Out Applications Employment Tribunal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Appellant

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Strike Out of Claim

Legal Issues

1 Whether the Employment Tribunal erred in striking out the claim of race discrimination by way of victimisation on the basis that it had no reasonable prospects of success
2 Whether the Appellant should have been allowed to investigate the factual issue of why the job offer was withdrawn

Ratio Decidendi

Court Disposition

Appeal allowed

Orders

Judgment of Employment Judge Pritchard set aside insofar as it relates to victimisation
Case remitted to Employment Tribunal for determination