The Claimant was dismissed by the Respondent after a long absence for ill-health, and brought proceedings for sex discrimination or harassment, as well as a number of other proceedings. Having considered extensive and repetitive allegations which were not properly particularised, the ET struck out the claims for sex discrimination or harassment on the basis that they had no reasonable prospect of success, finding that it was not possible to identify specific acts where the Claimant had said that she had been treated less favourably (or subjected to unwanted conduct) because she was a woman. The Claimant appealed.

The EAT held that the ET had erred either in finding that there was no reasonable prospect of success or in failing to apply the two-stage test by standing back from the pleaded case and saying, "Is it appropriate and just to strike out the case on that basis?". Accordingly, the appeal would be allowed and the claims remitted to be case managed with the remainder of the Claimant's claims.