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Robert Lassey Succeeds in Application for Strike Out in East London Employment Tribunal

by Kenworthy's Chambers 02/07/2019

Robert Lassey instructed by Napthens Solicitors, on behalf of the Respondent, a leading service provider in the UK, succeeded in an application to strike out multiple allegations of Race Discrimination, Sex Discrimination, Victimisation, and Unlawful Deduction from Wages before the Regional Employment Judge at East London Employment Tribunal.

The Claimant had brought a large number of claims across two claim forms, which, on the basis of what was determined to be "substantial evidence", Robert was able to demonstrate hosted no reasonable prospect of success, and should therefore be struck out. Addressing each of the Claimant's claims in turn on the evidence provided, the Tribunal acceded to Robert's application, and struck out 9 out of 10 allegations on the Claimant's first claim form.

In respect of the second claim form, Robert successfully argued that as the date of the presentation of the first claim form, the matters contained within the second claim form were within the Claimant's direct knowledge, and therefore could, and should, have been brought at that time. As such, Robert argued that the Claimant's attempts to bring these claims at this juncture amounted to an abuse of process under the well-established Henderson v Henderson principles. The Judge agreed, and dismissed the second claim in its entirety.