Peixoto v British Telecommunications Plc [2008] UKEAT 0222_07_2201 (22 January 2008)
The Tribunal was entitled to strike out the claim under Rule 18(7)(f) as it found, after considering all alternatives and medical evidence, that a fair trial was impossible and no foreseeable date existed for readiness; the decision was proportionate and not based on blame.
- Citation
- [2008] UKEAT 0222_07_2201
- Parties
- Appellant: Maria Peixoto; Respondent: BT Group plc
- Jurisdiction
- United Kingdom
- Judgment Date
- 22 January 2008
- Procedural Posture
- Employment Appeal / Appeal Against Employment Tribunal Strike Out Decision
- Outcome
- Appeal dismissed
- Legal Topics
- Disability Discrimination, Unfair Dismissal, Striking Out, Fair Trial, Reasonable Adjustments
Case Brief
Summary, issues, holding and outcome
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Parties
Maria Peixoto
Appellant
BT Group plc
Respondent
Procedural Posture
Employment Appeal / Appeal Against Employment Tribunal Strike Out Decision
Legal Issues
- 1 Whether the Employment Tribunal erred in striking out the claim on grounds that a fair trial was impossible
- 2 Whether proportionality and alternative measures were properly considered before striking out
- 3 Whether the delay and inability to proceed were attributable to the claimant's disability and lack of legal representation
Ratio Decidendi
The Tribunal was entitled to strike out the claim under Rule 18(7)(f) as it found, after considering all alternatives and medical evidence, that a fair trial was impossible and no foreseeable date existed for readiness; the decision was proportionate and not based on blame.
Court Disposition
Appeal dismissed
Orders
- Claim struck out
- No further orders
Full Case Text
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