Ahmed v Bedford Borough Council (Practice and Procedure : Striking-out/dismissal) [2013] UKEAT 0064_13_1705 (17 May 2013)

Ahmed v Bedford Borough Council (Practice and Procedure : Striking-out/dismissal) [2013] UKEAT 0064_13_1705 (17 May 2013)

The Employment Judge erred by failing to address whether a fair trial was possible and by not considering lesser sanctions before striking out the claims. The appeal is allowed and the strike-out application is remitted for reconsideration before a different Employment Judge.

Citation
[2013] UKEAT 0064_13_1705
Parties
Claimant: Mr Ahmed; Respondent: Bedford Borough Council
Jurisdiction
United Kingdom
Judgment Date
17 May 2013
Procedural Posture
Employment Tribunal Appeal / Appeal Against Strike Out of Claims
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Race Discrimination, Religious Discrimination, Strike Out Procedure, Case Management
Employment Law Disability Discrimination Race Discrimination Religious Discrimination Strike Out Procedure Case Management

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Ahmed

Claimant

Bedford Borough Council

Respondent

Procedural Posture

Employment Tribunal Appeal / Appeal Against Strike Out of Claims

Legal Issues

  1. 1 Whether the Employment Judge erred in striking out the claims without considering if a fair trial was possible or if a lesser sanction was appropriate
  2. 2 Whether the claimant's conduct justified strike-out under ET rule 18(7)(c)

Ratio Decidendi

The Employment Judge erred by failing to address whether a fair trial was possible and by not considering lesser sanctions before striking out the claims. The appeal is allowed and the strike-out application is remitted for reconsideration before a different Employment Judge.

Court Disposition

Appeal allowed

Orders

  • Strike-out application remitted to a different Employment Judge for reconsideration
  • Further pre-hearing review and case management discussion to be held if necessary