South London & Maudsley NHS Trust v Dathi [2008] UKEAT 0422_07_1802 (18 February 2008)

South London & Maudsley NHS Trust v Dathi [2008] UKEAT 0422_07_1802 (18 February 2008)

Letters written by a party's representative for the purposes of disclosure and in response to a costs application, both arising from and for the conduct of judicial proceedings, attract absolute immunity and cannot found a claim for discrimination or victimisation in the Employment Tribunal.

Source-derived case information.

Citation
[2008] UKEAT 0422_07_1802
Parties
Claimant/appellant: Ms Dathi; Respondent: Bromley Advice Information Service (BAIS) / The Trust; Second Respondent: Second Respondent (senior substance misuse nurse)
Jurisdiction
United Kingdom
Judgment Date
18 February 2008
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Judgments on Admissibility and Striking Out Discrimination/victimisation Claims
Outcome
Appeal allowed; claims based on the two letters struck out.
Legal Topics
Absolute Immunity, Admissibility of Evidence, Discrimination, Victimisation, Striking Out, Case Management Directions
Employment Law Civil Procedure Absolute Immunity Admissibility of Evidence Discrimination Victimisation Striking Out Case Management Directions

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ms Dathi

Claimant/appellant

Bromley Advice Information Service (BAIS) / The Trust

Respondent

Second Respondent (senior substance misuse nurse)

Second Respondent

Procedural Posture

Employment Appeal / Appeal Against Employment Tribunal Judgments on Admissibility and Striking Out Discrimination/victimisation Claims

Legal Issues

  1. 1 Whether letters written during tribunal proceedings attract absolute immunity from discrimination/victimisation claims
  2. 2 Whether refusal to disclose documents or responses to costs applications can found a discrimination/victimisation claim

Ratio Decidendi

Letters written by a party's representative for the purposes of disclosure and in response to a costs application, both arising from and for the conduct of judicial proceedings, attract absolute immunity and cannot found a claim for discrimination or victimisation in the Employment Tribunal.

Court Disposition

Appeal allowed; claims based on the two letters struck out.

Orders

  • The Claimant's claims of discrimination and victimisation based on the disclosure letter and costs letter are struck out.