Garcia v Bigbux & Ors [2022] EAT 95

Appeal against a decision to consolidate three claims made by the Claimant, which were to be considered at a hearing on the issue of strikeout. Appeal dismissed.

The Claimant made claims of sex discrimination, each involving similar allegations namely that he applied unsuccessfully for a job said to be offered to women only. The EJ considered three claims should be consolidated because of their similarities, the EJ believed the Claimant was the same person who had brought another claim under a different name and the Claimant, in the three claims, made no reference to the other current cases, despite relevance to potential remedy with the obvious risk of double recovery were the Claimant to succeed in more than one of them. The Claimant appealed.

The EAT dismissed the appeal. The similarity in the applications, the differences in names but with the connecting addresses and the reference to the claim of Garcia v The Gift Corner, where findings of lack of credibility and lack of genuineness were made, were proper reasons for a Judge to consider drawing these claims together in one hearing, along with the other reasons given. There were proper grounds, therefore, in the Tribunal to make such an order. It took account of matters of which it was entitled to take account in coming to that decision, and there was no evidence that anything else was behind the decision.

https://assets.publishing.service.gov.uk/media/62b5b83dd3bf7f0b00165a51/Mr_L_Garcia_v_Bigbux_and_Others__2022__EAT_95.pdf

Published: 17/08/2022 10:13

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