Javed v. Blackpool Teaching Hospitals NHS Foundation Trust [2017] UKEAT 0135_17_0112 (1 December 2017)

Javed v. Blackpool Teaching Hospitals NHS Foundation Trust [2017] UKEAT 0135_17_0112 (1 December 2017)

The Employment Tribunal erred in law by striking out or ordering deposits on the claimant's race discrimination allegations based on a paper review of disputed facts and documents, without hearing evidence or properly applying the legal principles governing strike-out and deposit orders in discrimination cases. The ET's approach improperly conflated the absence of contemporaneous complaints of discrimination and the presence of plausible explanations in documents with the merits of the claims, which could only be properly assessed at trial.

Citation
[2017] UKEAT 0135_17_0112
Parties
Appellant/claimant: [Redacted]; Respondent: [Redacted] NHS Trust
Jurisdiction
United Kingdom
Judgment Date
01 December 2017
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision Striking Out And/or Ordering Deposits on Race Discrimination Claims
Outcome
Appeal allowed in part
Legal Topics
Race Discrimination, Strike Out Applications, Deposit Orders, Employment Tribunal Procedure
Employment Law Discrimination Law Race Discrimination Strike Out Applications Deposit Orders Employment Tribunal Procedure

Case Brief

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Parties

[Redacted]

Appellant/claimant

[Redacted] NHS Trust

Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision Striking Out And/or Ordering Deposits on Race Discrimination Claims

Legal Issues

  1. 1 Whether the Employment Tribunal erred in law in striking out or ordering deposits on the claimant's race discrimination allegations without a full hearing of evidence
  2. 2 Whether the ET misapplied the legal principles governing strike-out and deposit orders in discrimination cases

Ratio Decidendi

The Employment Tribunal erred in law by striking out or ordering deposits on the claimant's race discrimination allegations based on a paper review of disputed facts and documents, without hearing evidence or properly applying the legal principles governing strike-out and deposit orders in discrimination cases. The ET's approach improperly conflated the absence of contemporaneous complaints of discrimination and the presence of plausible explanations in documents with the merits of the claims, which could only be properly assessed at trial.

Court Disposition

Appeal allowed in part

Orders

  • Strike-out and deposit orders set aside for all allegations except allegation 40; all other claims to proceed to hearing; no remittal for further deposit order consideration except for allegation 40, which remains struck out.