Sanni v Smithkline Beecham Ltd [2000] UKEAT 656_98_1201 (12 January 2000)

Sanni v Smithkline Beecham Ltd [2000] UKEAT 656_98_1201 (12 January 2000)

The appellant provided particulars in good faith sufficient to prevent strike out; the respondent knew the nature of the case and a fair trial was possible; the tribunal erred in striking out the race discrimination complaint.

Citation
[2000] UKEAT 656_98_1201
Parties
Appellant: Mr Sanni; Respondent: SmithKline Beecham Limited
Jurisdiction
United Kingdom
Judgment Date
12 January 2000
Procedural Posture
Employment Appeal / Appeal Against Strike Out Order
Outcome
appeal allowed
Legal Topics
Race Discrimination, Unfair Dismissal, Procedural Compliance, Strike Out Applications
Employment Law Equality Law Race Discrimination Unfair Dismissal Procedural Compliance Strike Out Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Sanni

Appellant

SmithKline Beecham Limited

Respondent

Procedural Posture

Employment Appeal / Appeal Against Strike Out Order

Legal Issues

  1. 1 Whether the appellant complied with orders for further and better particulars
  2. 2 Whether the tribunal correctly exercised its discretion to strike out the race discrimination complaint under rule 4(7)
  3. 3 Whether a fair trial of the race discrimination complaint was possible

Ratio Decidendi

The appellant provided particulars in good faith sufficient to prevent strike out; the respondent knew the nature of the case and a fair trial was possible; the tribunal erred in striking out the race discrimination complaint.

Court Disposition

appeal allowed

Orders

  • strike out order set aside
  • race discrimination complaint remitted to a fresh Employment Tribunal for hearing on merits