Court of Appeal
Schedule 1 r.9(1) and r.13(1) Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 could not be construed to give a power to an employment tribunal to strike out an originating application on the ground that it had no reasonable prospect of success.
Appeal by the defendant from a decision of the Employment Appeal Tribunal ('EAT') of 12 July 2000 dismissing its appeal from the decision of an Employment Tribunal ('ET') that had held that it did not have jurisdiction to strike out an originating application on the ground that it had no reasonable prospect of success. The claimants brought an action alleging victimisation contrary to s.44 Employment Rights Act 1996. Witness statements were served by the claimants shortly before the hearing and on the morning of the hearing the defendant applied for an order that the applications be struck out on the ground that if all the documentary evidence was factually correct then there was no reasonable prospect of the claimants succeeding. The EAT agreed with the ET that it did not have jurisdiction to consider such an application. The hearing was adjourned whilst the defendant appealed to the Court of Appeal contending that the EAT had not given sufficient weight to the provisions of Sch.1 r.9(1) Industrial Tribunals (Constitution and Rules of Procedure) Regulations 1993 SI 1993/2687, whereby a tribunal was empowered to conduct a hearing as it considered appropriate for "the just handling of the proceedings".
Laura Cox QC and Paul Epstein instructed by BUPA Legal Department for the defendant. Ian Scott instructed by Bolt Burdon for the claimants.
 ICR 87, IRLR 85
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