Dossen v Headcount Resources Ltd & Ors (Practice and Procedure : Striking-out/dismissal) [2013] UKEAT 0483_12_0804 (08 April 2013)

Dossen v Headcount Resources Ltd & Ors (Practice and Procedure : Striking-out/dismissal) [2013] UKEAT 0483_12_0804 (08 April 2013)

The allegations struck out formed part of a crucial core of disputed facts regarding alleged discriminatory conduct. The evidence provided by the Respondents did not conclusively dispose of the allegations, and the case was not exceptional so as to justify strike-out. The Employment Judge erred in striking out the...

Source-derived case information.

Citation
[2013] UKEAT 0483_12_0804
Parties
Appellant: Mrs Deborah Dossen; Respondent: Headcount Resources Ltd
Jurisdiction
United Kingdom
Judgment Date
08 April 2013
Procedural Posture
Employment Appeal / Appeal Against Partial Strike Out Order
Outcome
Appeal allowed on the narrow issue of partial strike-out; allegations reinstated for full hearing.
Legal Topics
Sex Discrimination, Race Discrimination, Associative Discrimination, Striking Out Applications, Employment Tribunal Procedure
Employment Law Discrimination Law Sex Discrimination Race Discrimination Associative Discrimination Striking Out Applications Employment Tribunal Procedure

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Summary, issues, holding and outcome

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Parties

Mrs Deborah Dossen

Appellant

Headcount Resources Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Partial Strike Out Order

Legal Issues

  1. 1 Whether the Employment Judge erred in striking out two allegations of sex and associative race discrimination as having no reasonable prospect of success

Ratio Decidendi

The allegations struck out formed part of a crucial core of disputed facts regarding alleged discriminatory conduct. The evidence provided by the Respondents did not conclusively dispose of the allegations, and the case was not exceptional so as to justify strike-out. The Employment Judge erred in striking out the two allegations, which should be determined at a full hearing with the other allegations.

Court Disposition

Appeal allowed on the narrow issue of partial strike-out; allegations reinstated for full hearing.

Orders

  • Paragraphs 13(b) and 13(h) of the Particulars of Claim reinstated for determination at the full hearing.
  • In all other respects, the Employment Judge's order stands.