Moorse v NTL Group Ltd - Strike out in discrimination cases [2007] EAT

Mrs Moorse brought an equal pay claim against her employers NTL. She said that she performed "like work" to male comparators, under Equal Pay Act 1970 sec 1(4). The tribunal struck out her claim on the basis that the evidence in her statement on this point suggested that she had no reasonable prospect of success. On her appeal, the EAT reviewed the authorities and concluded from them that, as a matter of policy, cases ought not to be struck out when, as here, there are material factual issues to be determined. The tribunal had failed to follow the guiding legal principles.

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