striking out
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Striking out - Case Round-Up: May 2016
In this month's round-up, Mark Shulman, consultant solicitor with Keystone Law, looks at recent cases on the principles to be applied when striking out different types of claims.
- resources
17/05/2016 09:28
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Kedziora v Servest Group Ltd UKEAT/0099/16/RN
Appeal against the rejection of the Claimant's claim of discrimination on the grounds of sexual orientation because it was insufficiently particularised on the ET1. Appeal allowed and the claim was allowed to go ahead.
- cases
27/04/2016 12:31
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Roberts v Wilson's Solicitors LLP & Ors UKEAT/0339/15/RN
Appeal against the striking out of the Claimant's claim for compensation for post-termination financial losses following the termination of his membership of the LLP. Appeal allowed.
- cases
26/04/2016 10:26
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Waiyego v First Great Western Ltd UKEAT/0298/15/JOJ
Appeal against an ET's decision not to strike out the Respondent's defence, not to hold that the Respondent was in contempt of court, and not to make any order for costs against the Respondent. Appeal allowed in part but not remitted to the ET.
- cases
18/04/2016 10:35
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Zeb v Xerox (UK) Ltd & Ors UKEAT/0091/15/DM
Appeal against the striking out of the claimant's claims of discrimination and victimisation. The appeal against the discrimination claim was allowed, the EAT substituting a deposit order for the striking out order.
- cases
18/04/2016 09:44
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Morgan v Royal Mencap Society UKEAT/0272/15/LA
Appeal against the striking out of the Claimant's claims which were based on her having made protected disclosures. Appeal allowed.
- cases
08/04/2016 14:11
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Smith v Gartner UK Limited UKEAT/0279/15/LA
Appeal against a Tribunal’s decision to strike out the Claimant’s claims for unauthorised deduction of wages and direct age discrimination. Appeal dismissed.
- cases
10/03/2016 21:05
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Ochieng v Stantonbury Campus UKEAT/0304/15/RN
Appeal against a decision to strike out the majority of the Claimant’s fourth claim on the grounds that it repeated factual narrative set out in the existing three claims. Appeal dismissed.
- cases
10/02/2016 21:41
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Sivanandan v Independent Police Complaints Commission UKEAT/0436/14/LA
Appeal against an Employment Judge’s decision at a Preliminary Hearing to strike out various indirect discrimination claims and impose deposit orders in relation to the Claimant’s direct discrimination claims. Appeal allowed in part and extant claims remitted to Tribunal for full hearing.
- cases
31/01/2016 21:57
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Mist v Derby Community Health Services NHS Trust UKEAT/0170/15/MC
Appeal against a finding that claims against the Second Respondent were out of time and should be struck-out. Cross-appeal relating to the Claimant’s obligations under the pre-claim conciliation process and the Tribunal’s assumptions relating to the transfer of liabilities under TUPE. Appeal allowed and cross-appeal allowed in part.
- cases
24/01/2016 09:26
