Hambly v Rathbone Community Industry Ltd & Anor [1998] UKEAT 746_98_0110 (1 October 1998)

Hambly v Rathbone Community Industry Ltd & Anor [1998] UKEAT 746_98_0110 (1 October 1998)

The Chairman erred in law by excluding allegations relevant to sex discrimination and by not exercising the proper power under Rule 13(2)(d) when striking out parts of the claim; the excluded material was relevant and should be included.

Source-derived case information.

Citation
[1998] UKEAT 746_98_0110
Parties
Appellant: Ms Samantha Hambly; First Respondent: Rathbone Community Industry Ltd; Second Respondent: Anthony Groves
Jurisdiction
United Kingdom
Judgment Date
01 October 1998
Procedural Posture
Appeal Against Interlocutory Order (industrial Tribunal) / Appeal
Outcome
Appeal allowed
Legal Topics
Sex Discrimination, Case Management, Striking Out, Constructive Dismissal
Employment Law Discrimination Law Sex Discrimination Case Management Striking Out Constructive Dismissal

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ms Samantha Hambly

Appellant

Rathbone Community Industry Ltd

First Respondent

Anthony Groves

Second Respondent

Procedural Posture

Appeal Against Interlocutory Order (industrial Tribunal) / Appeal

Legal Issues

  1. 1 Whether the Industrial Tribunal Chairman erred in law by excluding certain allegations as irrelevant to sex discrimination
  2. 2 Whether the Chairman had power to strike out part of the claim under general directions or only under specific rules

Ratio Decidendi

The Chairman erred in law by excluding allegations relevant to sex discrimination and by not exercising the proper power under Rule 13(2)(d) when striking out parts of the claim; the excluded material was relevant and should be included.

Court Disposition

Appeal allowed

Orders

  • Chairman's direction amended to include specified paragraphs of allegations; Appellant permitted to give and call evidence on those issues; Respondents required to provide discovery of documents relevant to those issues.
  • Any dispute regarding discovery to be referred back to the Industrial Tribunal.