Kwele-Siakam v The Co-Operative Group Ltd (Practice and Procedure) [2017] UKEAT 0039_17_2707 (27 July 2017)

Kwele-Siakam v The Co-Operative Group Ltd (Practice and Procedure) [2017] UKEAT 0039_17_2707 (27 July 2017)

The Employment Judge erred by conducting a hearing that went beyond a mini-trial, assessing credibility central to the main issue, and failing to apply established principles requiring caution in strike-out applications for discrimination claims. The facts in dispute required a full hearing, not summary determination.

Citation
[2017] UKEAT 0039_17_2707
Parties
Claimant/appellant: Mr Kwele Siakam; Respondent: The Co-operative Group Ltd
Jurisdiction
United Kingdom
Judgment Date
27 July 2017
Procedural Posture
Employment Appeal / Appeal Against Strike Out of Claims
Outcome
Appeal allowed; strike-out of direct discrimination and victimisation claims set aside.
Legal Topics
Strike Out Procedure, Direct Race Discrimination, Victimisation, Burden of Proof, Preliminary Hearings
Employment Law Equality Law Strike Out Procedure Direct Race Discrimination Victimisation Burden of Proof Preliminary Hearings

Case Brief

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 5 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Mr Kwele Siakam

Claimant/appellant

The Co-operative Group Ltd

Respondent

Procedural Posture

Employment Appeal / Appeal Against Strike Out of Claims

Legal Issues

  1. 1 Whether the Employment Judge erred in striking out claims of direct race discrimination and victimisation by conducting more than a mini-trial into the main issue
  2. 2 Whether the procedure adopted was appropriate for a strike-out application
  3. 3 Whether disputed facts required a full hearing

Ratio Decidendi

The Employment Judge erred by conducting a hearing that went beyond a mini-trial, assessing credibility central to the main issue, and failing to apply established principles requiring caution in strike-out applications for discrimination claims. The facts in dispute required a full hearing, not summary determination.

Court Disposition

Appeal allowed; strike-out of direct discrimination and victimisation claims set aside.

Orders

  • Claims remitted for hearing of preliminary issues to a different Employment Judge.
  • Strike-out application decision not remitted for reconsideration.