The Claimant appealed against the striking out of her claims of discrimination and harassment on the grounds of sex and victimisation. The claims were struck out by the ET on the grounds that they have no reasonable prospect of success.

The EAT allowed the appeal and set aside the strikeout order. There were clear disputes of fact which went to key issues relating to the period when the alleged harassment commenced, the date on which the line manager was allegedly informed about the harassment and, consequently, when the alleged protected act was done. The matter was remitted to the ET to consider the appropriate deposit order.