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

Limits on tribunal awards

The Employment Rights (Increase of Limits) Order 2021 will come into force on 6 April 2021. This Order increases the level of a number of compensation caps for tribunal awards and statutory payments.

View blog

Headline points of the 2021 Budget for employers & the self-employed

Yesterday’s announcement already seems to be a seminal moment on the road to recovery from the impacts of the pandemic. Here are some of the headline points.

View blog

Gender pay gap reporting - extension until 5 October 2021

The Government confirmed that it would not enforce the usual deadlines for gender pay reporting - 30 March for public sector employers and 4 April for private sector employers.

View blog

Uber drivers entitled to workers rights

Today the Supreme Court unanimously dismissed Uber’s appeal and agreed with the earlier decisions in Uber v Aslam by deciding that Uber drivers are workers not self-employed persons.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up