Norey v Jazz Hair & Beauty UKEAT/0206/19/BA
Appeal against the ET’s decision striking out the Claimant’s age discrimination and money claims. Appeal allowed.
The Claimant issued proceedings in the ET relating to age discrimination, unlawful deduction from wages and accrued but unpaid holiday pay. The ET requested further details of the age discrimination claim and, when those details were not received, it struck out all of the Claimant's claims on the grounds that they were not being actively pursued. The Claimant appealed on the grounds that the ET had erred in striking out her money claims when sufficient particulars had been given in the ET1 for those claims to be pursued, and the ET's direction regarding particularisation of the claim did not relate to those complaints.
The EAT held that, on the face of the ET1, there were sufficient particulars on which the claim for outstanding pay and holiday pay could, and should, have been calculated; further, the strike-out warning related to the age discrimination claim and, when those particulars were not forthcoming, it was disproportionate to proceed to strike out all claims, particularly when the Claimant had given details of her money claims. Accordingly, the claim would be remitted to the same ET for consideration in the light of figures to be provided by the parties.
Published: 01/10/2020 10:01