Silape v Cambridge University Hospitals NHS Foundation Trust [2017] UKEAT 0285_16_2510 (25 October 2017)

Silape v Cambridge University Hospitals NHS Foundation Trust [2017] UKEAT 0285_16_2510 (25 October 2017)

The Tribunal erred in law by failing to apply the correct legal principles for strike out in discrimination cases, did not take the claimant's case at its highest, failed to identify comparators and less favourable treatment in the in-time claims, and did not give adequate reasons. The strike out decisions in respect of the remaining race and disability discrimination claims cannot stand and must be set aside.

Citation
[2017] UKEAT 0285_16_2510
Parties
Appellant: Ms Zenzo Silape; Respondent: Respondent (NHS Trust)
Jurisdiction
United Kingdom
Judgment Date
25 October 2017
Procedural Posture
Employment Appeal Tribunal / Appeal Against Strike Out of Discrimination Claims at Preliminary Hearing
Outcome
Appeal allowed
Legal Topics
Strike Out Applications, Race Discrimination, Disability Discrimination, Appellate Review, Tribunal Procedure
Employment Law Discrimination Law Strike Out Applications Race Discrimination Disability Discrimination Appellate Review Tribunal Procedure

Case Brief

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Parties

Ms Zenzo Silape

Appellant

Respondent (NHS Trust)

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Against Strike Out of Discrimination Claims at Preliminary Hearing

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in striking out the claimant's race and disability discrimination claims as having no reasonable prospect of success
  2. 2 Whether the Tribunal failed to apply the correct legal principles for strike out in discrimination cases
  3. 3 Whether the Tribunal failed to take the claimant's case at its highest and failed to give adequate reasons

Ratio Decidendi

The Tribunal erred in law by failing to apply the correct legal principles for strike out in discrimination cases, did not take the claimant's case at its highest, failed to identify comparators and less favourable treatment in the in-time claims, and did not give adequate reasons. The strike out decisions in respect of the remaining race and disability discrimination claims cannot stand and must be set aside.

Court Disposition

Appeal allowed

Orders

  • Strike out decisions in respect of the remaining race and disability discrimination claims are set aside
  • Claims to proceed to a full hearing without further preliminary strike out or deposit order hearing