Purohit v Hospira UK Ltd (Practice and Procedure : Striking-out or dismissal) [2011] UKEAT 0296_11_0911 (09 November 2011)

Purohit v Hospira UK Ltd (Practice and Procedure : Striking-out or dismissal) [2011] UKEAT 0296_11_0911 (09 November 2011)

The Employment Judge was entitled to strike out parts of the Claimant's claim and award costs, as the Claimant issued proceedings prematurely before the Respondent had a reasonable opportunity to investigate. The victimisation claim failed as there was no protected act and no causation, and the harassment claim was...

Source-derived case information.

Citation
[2011] UKEAT 0296_11_0911
Parties
Claimant: Mrs Purohit; Respondent: Respondent
Jurisdiction
United Kingdom
Judgment Date
09 November 2011
Procedural Posture
Employment Appeal / Appeal Against Interim Decisions and Costs Order
Outcome
Appeal dismissed
Legal Topics
Striking Out, Costs, Race Discrimination, Victimisation, Harassment
Employment Law Discrimination Law Striking Out Costs Race Discrimination Victimisation Harassment

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Summary, issues, holding and outcome

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Parties

Mrs Purohit

Claimant

Respondent

Respondent

Procedural Posture

Employment Appeal / Appeal Against Interim Decisions and Costs Order

Legal Issues

  1. 1 Whether the Employment Judge was correct to strike out parts of the claim
  2. 2 Whether the costs order against the Claimant was justified
  3. 3 Whether the Claimant was victimised under section 2 of the Race Relations Act

Ratio Decidendi

The Employment Judge was entitled to strike out parts of the Claimant's claim and award costs, as the Claimant issued proceedings prematurely before the Respondent had a reasonable opportunity to investigate. The victimisation claim failed as there was no protected act and no causation, and the harassment claim was not substantiated or pleaded in the claim form.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Permission to appeal refused