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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.

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