Cafagna v ISS Mediclean Ltd & Others - Appeals against strike outs had no prospects of success [2010] EAT

EAT dismissed appeals against strike out and dismissal of tribunal claims as having no reasonable prospects of success and because, in the context of discrimination claims, Mr Cafagna had failed to evidence any disability.

Mr Cafagna brought six claims against ISS Mediclean Ltd & Others (“ISS”) in the Brighton Employment Tribunal for disability discrimination and public interest disclosures (“PID”). These claims were heard at different times, but each was rejected – some were heard and dismissed while others were struck out. The strike outs - at a Pre-Hearing Review (PHR) under Employment Tribunal Rules 2004 Rule 18 - were because Mr Cafagna had been ordered to provide further particulars relating to his disability and exchange evidence but had failed to do so, despite a warning that non-compliance could result in his claim being partially or wholly struck out. Mr Cafagna launched various appeals to the EAT.

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