Tarn v Hughes & Ors UKEAT/0064/18/DM

Appeal against a ruling that the Claimant could rely on 10 events to back up her claim, whilst using others as background or context only. Appeal allowed.

The Claimant identified 30 separate acts in relation to her claims of sex and pregnancy discrimination, harassment and victimisation. At a preliminary hearing the ET directed that the Claimant "should provide to the Respondent, with a copy to the Tribunal, in concise and clear terms, the most recent and serious 10 (maximum) events relied upon as giving rise to the above complaints and on which the Tribunal is required to make findings of fact and determinations. These must be individual distinct events, not lists of events, and must be taken from the contents of the ET1 claim form. The Claimant may rely upon more than one head of claim for each event.  If this is done, an appropriate hearing allocation would be no more than 6 days as listed above. The Claimant is not prevented from relying upon other events as background or context to the 10 chosen events. Alternatively the other matters may be pursued at a later hearing after the currently listed hearing has been concluded." The Claimant appealed.

The EAT allowed the appeal. Although the ET had been careful not to strike out any part of the claims, it had failed to have regard to the practical consequences of its order; specifically, the potential unfairness in requiring the Claimant to elect whether to rely on particular matters, either as background to the ten complaints to be considered in October or as actual claims.


Published: 01/08/2018 16:26

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