0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

the EAT urges employment judges to be cautious when considering striking out unfair dismissal claims

15 July 2011

Employers often approach us looking for ways to reduce their litigation costs. One of the ways in which we do this is to get the most frivolous claims struck out, thus negating the need for a full hearing.

In the future this may be more difficult due to the recent case of Reilly v Tayside Public Transport. In this case the EAT suggested that an employment judge should not strike out unfair dismissal claims as having no reasonable prospect of success, where the principal issue is whether the dismissal fell within the range of reasonable responses.

If judges require more cases to go to a full hearing then there will be an associated increase in costs for employers. With the current financial pressures on businesses, especially in the public sector, it will be important to see how tribunals react to the judgement.

related opinions

Changes to the Job Support Scheme

The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.

View blog

The Restriction of Public Sector Exit Payments Regulations 2020

On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.

View blog

Employers liability for practical jokes in the workplace

The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.

View blog

Job Support Scheme

The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up