The ET struck out the Claimant's equal value claim on the basis of a job evaluation report. The Claimant appealed.

The EAT allowed the appeal. The ET had erred in law by striking out an equal value claim on the basis of a job evaluation report, without identifying whether it was proceeding under rule 37(1)(a) (no reasonable prospect of success) or paragraph 3(1)(a) of Schedule 3 to The Employment Tribunals (Constitution Rules and Procedure) Regulations 2013 (as amended and in force at the relevant date). The decision was inadequately reasoned. As the ET appeared objectively to have purported to proceed under paragraph 3(1)(a), the decision was also materially unfair as a result of a failure to give the Claimant notice of the matters required by paragraph 3(4) prior to striking out under paragraph 3(1)(a) so that the Claimant had not had a reasonable opportunity to make submissions on the relevant matters. The decision of the ET on the equal value claim was set aside and that part of the Claimant’s claim remitted for further hearing before a fresh tribunal.