At a preliminary hearing to consider whether the Claimant’s claim of unfair dismissal should be struck out and whether she had brought any other claims, the EJ struck out all of her claims. The Claimant appealed.

The EAT allowed the appeal. The EJ erred in dismissing the Claimant’s claims of detriment contrary to section 47B of the Employment Rights Act 1996 and breaches of her contract of employment. The notice of the preliminary hearing at which the EJ considered the Respondent’s strikeout application, had indicated that the EJ would decide whether the Claimant’s claim of unfair dismissal should be struck out and whether the Claimant had brought any other claims. The notice made no reference to a potential strike out of the other claims. The EJ failed to consider whether the Claimant, a litigant in person, had a reasonable opportunity to make representations at the hearing, when she had not appreciated that her claims other than for unfair dismissal might be struck out. The breach of contract claims were not, in any event, bound to fail.