Kanagaratnam v. Harman International Industries Ltd [2001] UKEAT 0498_01_0510 (5 October 2001)

Kanagaratnam v. Harman International Industries Ltd [2001] UKEAT 0498_01_0510 (5 October 2001)

The Tribunal did not err in law by striking out the application for failure to provide adequate particulars as ordered; the power to strike out is available even where the applicant believes he has complied in good faith, and the Tribunal exercised its discretion properly after giving every opportunity for compliance.

Citation
[2001] UKEAT 0498_01_0510
Parties
Appellant: Mr Kanagaratnam; Respondent: Harman International Industries Ltd
Jurisdiction
United Kingdom
Judgment Date
05 October 2001
Procedural Posture
Employment Tribunal Appeal / Preliminary Hearing Ex Parte
Outcome
Appeal dismissed
Legal Topics
Racial Discrimination, Strike Out of Claim, Procedural Compliance
Employment Law Discrimination Law Racial Discrimination Strike Out of Claim Procedural Compliance

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Kanagaratnam

Appellant

Harman International Industries Ltd

Respondent

Procedural Posture

Employment Tribunal Appeal / Preliminary Hearing Ex Parte

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law by striking out the Originating Application for failure to provide further and better particulars as ordered.
  2. 2 Whether good faith purported compliance precludes strike out under Rule 4(7) of the Employment Tribunal Rules of Procedure 1993.

Ratio Decidendi

The Tribunal did not err in law by striking out the application for failure to provide adequate particulars as ordered; the power to strike out is available even where the applicant believes he has complied in good faith, and the Tribunal exercised its discretion properly after giving every opportunity for compliance.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed at the preliminary stage without proceeding to a full hearing.