Raichura v. Harrow & Ors [2000] UKEAT 434_00_0112 (1 December 2000)
There is an arguable case that the Employment Tribunal did not comply with the requirement to give notice and opportunity to show cause before striking out the Appellant's claims, justifying a full hearing on this ground and on the alternative ground of perversity.
- Citation
- [2000] UKEAT 434_00_0112
- Parties
- Appellant: Mrs Raichura; Respondent: Employment Tribunal
- Jurisdiction
- United Kingdom
- Judgment Date
- 01 December 2000
- Procedural Posture
- Employment Appeal / Preliminary Hearing
- Outcome
- Appeal against strike out allowed to proceed to full hearing; appeal against review decision dismissed.
- Legal Topics
- Racial Discrimination, Racial Harassment, Strike Out of Claims, Procedural Fairness
Case Brief
Summary, issues, holding and outcome
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Parties
Mrs Raichura
Appellant
Employment Tribunal
Respondent
Procedural Posture
Employment Appeal / Preliminary Hearing
Legal Issues
- 1 Whether the Employment Tribunal complied with the requirement to give notice and opportunity to show cause before striking out claims for lack of particulars
- 2 Whether the decision to strike out the claims was perverse
Ratio Decidendi
There is an arguable case that the Employment Tribunal did not comply with the requirement to give notice and opportunity to show cause before striking out the Appellant's claims, justifying a full hearing on this ground and on the alternative ground of perversity.
Court Disposition
Appeal against strike out allowed to proceed to full hearing; appeal against review decision dismissed.
Orders
- Amended Notice of Appeal to be served within 14 days.
Full Case Text
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