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Lockey v East North East Homes Leeds - Strike out without full merits hearing was unjustified [2011] EAT

It is inappropriate for a tribunal to strike out an unfair dismissal claim as having no reasonable prospects of success where facts are disputed, and it appears arguable that at least part of the decision making process may be flawed: the matter should proceed to a full hearing.

For 18 years Mr Lockey was a "response technician" carrying out repairs on social housing. After a dispute (allegedly including swearing) with his supervisor over the type of door that should be fitted to a particular house, East North East Homes Leeds (ENE) summarily dismissed him for gross misconduct in the form of unacceptable conduct and refusal to carry out a management instruction.

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