Employment Cases Update

Itulu v London Fire Commissioner UKEAT/0298/18/BA

Date published: 23/03/2020

Appeal against the ET’s order striking out the Claimant’s disability discrimination claims. Appeal dismissed.

The Claimant, who had been employed by the Respondent for more than 20 years, brought claims in the ET based on race, sex and disability discrimination. The Respondent took issue with her claim that she was disabled at the relevant time, and indicated that it wished to have experts appointed to advise the ET on the question of disability. The Claimant said that she did not see any reason for experts to be appointed and, after many procedural steps and considerable delay, the Respondent applied for an order striking out the disability discrimination claims on the grounds that the Claimant's conduct with regard to the instruction of two medical experts had been unreasonable and therefore vexatious. The ET was satisfied that it had jurisdiction to strike out the disability discrimination claims and, while recognising that such power should be sparingly exercised, it concluded that it should exercise its discretion to do so. The Claimant appealed.

The EAT held that the ET (1) had given adequate reasons for the findings that the Claimant's conduct in relation to the two doctors was unreasonable, (2) had correctly considered whether the results of that unreasonable conduct were that there could not be a fair trial, and (3) had considered an alternative sanction such as an "unless order" but had concluded that it would not be appropriate.

Read the full text of the judgment on GOV.UK or download the file by clicking the link below.