Shane Crawford’s success in the Employment Tribunal

27th June 2024

3304863/2023 – Mrs L Gallagher v Essity UK Limited

Shane Crawford successfully applied to strike out all discrimination claims on behalf of the respondent. EJ Daniel on hearing the claimant’s evidence under cross-examination and submissions, decided that the claimant had acted scandalously and vexatiously and that a fair hearing was no longer possible.

Applications to strike out any claim, but particularly one that includes claims of discrimination, presents a high bar in the Tribunal. A strike out is considered to be a last resort not a short cut. As noted in the Judgment, “the fundamental question for any Tribunal considering the sanction of a strike out is whether the parties’ conduct has rendered a fair trial impossible”, adding, “even if a fair trial is unachievable, consideration must be given to whether strike out is a proportionate sanction or whether there may be a lesser sanction that can be imposed”. The application must be exceptional if it is to succeed and demonstrate that a fair hearing is no longer possible.
A costs hearing is listed for September.

Shane Crawford was instructed by Kate Kapp of Doyle Clayton Solicitors.