Short v Birmingham City Council & Anor - No reasonable prospect of success is strict test [2013] EAT

As a basis for strike-out, "no reasonable prospect of success" means exactly that: it is not a matter for a balance of probabilities.

Mrs Short brought claims for unfair dismissal (both ordinary and automatic) and detrimental treatment as a result of whistle-blowing, but an Employment Judge (EJ) struck out her claim under Rule 18(7) at a Pre-Hearing Review (PHR). The EJ's view was that the claims had no reasonable prospects of success.

Mrs Short appealed to the EAT - and won.

The full content of this page is available to subscribers only. Please purchase a subscription if you feel this content will be of use to you.

Login or subscribe (includes subscription information) to access the full content of this page.