Multisecure Ltd [2001] UKEAT 0253_01_1506 (15 June 2001)

Multisecure Ltd [2001] UKEAT 0253_01_1506 (15 June 2001)

The Tribunal applied the wrong test by focusing solely on sufficiency of evidence rather than relevance and obvious unsustainability; there was prima facie evidence of wrongdoing, making the allegations neither obviously unsustainable nor improperly pleaded. The Tribunal erred in striking out the paragraphs without hearing the evidence.

Citation
[2001] UKEAT 0253_01_1506
Parties
Appellant: Multisecure; 1st Respondent: Mr Varsani; 4th Respondent: Orbis plc
Jurisdiction
United Kingdom
Judgment Date
15 June 2001
Procedural Posture
Interlocutory Appeal / Appeal Against Employment Tribunal's Order Striking Out Pleadings
Outcome
Appeal allowed
Legal Topics
Striking Out Pleadings, Scandalous or Vexatious Allegations, Jurisdiction of Employment Tribunal, Test for Striking Out, TUPE
Employment Law Civil Procedure Striking Out Pleadings Scandalous or Vexatious Allegations Jurisdiction of Employment Tribunal Test for Striking Out TUPE

Case Brief

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Parties

Multisecure

Appellant

Mr Varsani

1st Respondent

Orbis plc

4th Respondent

Procedural Posture

Interlocutory Appeal / Appeal Against Employment Tribunal's Order Striking Out Pleadings

Legal Issues

  1. 1 Whether the Employment Tribunal had jurisdiction to strike out paragraphs after Orbis plc ceased to be a party
  2. 2 Whether the Tribunal applied the correct legal test for striking out scandalous or vexatious allegations
  3. 3 Whether irrelevant factors were considered in the Tribunal's decision

Ratio Decidendi

The Tribunal applied the wrong test by focusing solely on sufficiency of evidence rather than relevance and obvious unsustainability; there was prima facie evidence of wrongdoing, making the allegations neither obviously unsustainable nor improperly pleaded. The Tribunal erred in striking out the paragraphs without hearing the evidence.

Court Disposition

Appeal allowed

Orders

  • Paragraphs 3, 11 and 12 of the Notice of Appearance to be reinstated
  • Matter remitted to the Employment Tribunal for hearing on the merits