Philcox v CGDM Ltd T/A Andrew Wilson & Co UKEAT/0189/16/DA

Appeal against the dismissal of the Claimant’s claims of sex discrimination, unfair dismissal and unauthorised deductions, the striking out of her post-termination victimisation claims and the making of deposit orders for other claims. All the grounds of appeal were dismissed.

In 2014 the Claimant was dismissed for gross misconduct. By ET proceedings she complained that her dismissal was unfair, made various allegations of sex discrimination - among some 40 allegations in total - and pursued a complaint of unauthorised deduction of wages. Her claims were dismissed. The Claimant appealed, seeking to rely on fresh evidence in the form of HMRC documentation.

The EAT dismissed all three appeals. In respect of the first appeal, the EAT said that there was simply no basis for thinking that the HMRC material - which did not make good the points the Claimant suggested - would have assisted the Claimant in any respect. In respect of the second appeal, the ET had struck out her complaint in respect of witness statements on the basis that these were covered by litigation privilege and had not thereby erred in its approach as a matter of law. Finally, the ET had permissibly taken the view that the Claimant's claims had little reasonable prospect of success and had adequately explained its reasoning when imposing deposit orders.

Published: 21/03/2017 12:07

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