Kaur v The City Of Edinburgh Council & Others - Tribunal must be slow to strike out discrimination claims [2011] EAT

Another reminder that an employment judge should be very slow to strike out a discrimination claim and so not allow it to proceed to a full hearing - such action should only be taken in the plainest of cases, and not where, for example, it was at least arguable that alleged discrimination was continuous and thus all allegations were within time limits.

Teacher Mrs Kaur brought an employment tribunal claim alleging race discrimination. Her complaints  - set out over some 123 paragraphs - included allegations of "glass ceilings" on career progression, continuing acts of direct discrimination, bullying and hostile treatment. A Pre-Hearing Review (PHR) was held, where no evidence was led and there was little agreement between the parties on the primary facts of the case.

An employment judge (EJ) ruled that, with a limited number of exceptions which could proceed to a full hearing, Mrs Kaur's complaints were time-barred and were thus struck out. 

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