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Eastman v Tesco Stores Ltd - Strike-out at PHR for lack of reasonable prospects of success [2012] EAT

If all disputes as to facts are resolved, in the light of evidence, at a Pre-Hearing Review, then an Employment Judge is entitled to go on to conclude that a claim should be struck out as having no reasonable prospect of success.

Ms Eastman's claim of unfair dismissal was struck out at a Pre-Hearing Review (PHR) under ET Rules 2004 Rule 18 as having no reasonable prospects of success.

The Employment Judge (EJ) found as facts that (i) in 2007 Ms Eastman wanted a career break; (ii) she spoke to her line manager, received an application form, and completed it (although Ms Eastman denied doing this); and (iii) was sent a letter confirming that her career break had been granted: it would be for 4 years and she must give 6 months notice of her intention to return to work. Ms Eastman claimed that her manager had assured her that she would have her old job back - the EJ concluded that there was no such express agreement and that it was "inherently implausible" that there would have been.

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