Strike out

Croke v Leeds City Council [2008] UKEAT 0512_07_2905 is a good example of a Tribunal’s decision to strike out (without hearing evidence) a discrimination case which had no reasonable prospect of success being upheld. A strike out is a draconian step for any tribunal to take, as it effectively prevents the Claimant having a full hearing of his complaint. Here the Employment Judge was clear that the facts as pleaded by the Claimant would not engage the laws which he claims to enforce. As a result he didn’t even hear formal evidence from the Claimant, although he did engage in a “long discussion” with him to see if he could unearth even a hint of a possible claim. It’s good to see the EAT upholding both the pragmatic conduct of the hearing, and the decision itself, as in a costs free environment such as the ET meritless claims are still a huge burden on the Respondent.