Dambagolla v Automobile Association Ltd (Disability Discrimination) [2015] UKEAT 0193_15_1311 (13 November 2015)

Dambagolla v Automobile Association Ltd (Disability Discrimination) [2015] UKEAT 0193_15_1311 (13 November 2015)

The Employment Judge erred in law by failing to properly apply the legal test for strike-out, misapplied the burden of proof, failed to address the Appellant’s case regarding comparators, and incorrectly treated the timeliness of the victimisation claim. There were clear triable issues of fact that should have proceeded to trial.

Citation
[2015] UKEAT 0193_15_1311
Parties
Appellant: Claimant (Appellant); Respondent: The AA (Respondent)
Jurisdiction
United Kingdom
Judgment Date
13 November 2015
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal's Strike Out Decision
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Victimisation, Harassment, Unfair Dismissal, Procedural Fairness, Strike Out Applications
Employment Law Discrimination Law Disability Discrimination Victimisation Harassment Unfair Dismissal Procedural Fairness Strike Out Applications

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
Sign in to unlock

Parties

Claimant (Appellant)

Appellant

The AA (Respondent)

Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal's Strike Out Decision

Legal Issues

  1. 1 Whether the Employment Judge erred in law by striking out the Appellant’s disability discrimination claims
  2. 2 Whether there were triable issues of fact regarding the treatment of the Appellant compared to comparators
  3. 3 Whether the Employment Judge misapplied the burden of proof in a strike-out application

Ratio Decidendi

The Employment Judge erred in law by failing to properly apply the legal test for strike-out, misapplied the burden of proof, failed to address the Appellant’s case regarding comparators, and incorrectly treated the timeliness of the victimisation claim. There were clear triable issues of fact that should have proceeded to trial.

Court Disposition

Appeal allowed

Orders

  • Judgment and reconsidered Judgment of the Employment Tribunal set aside
  • Discrimination claims to proceed to trial