Sood v The King School & Ors - Principles to be followed when striking out for no reasonable prospect of success [2011] EAT

The courts' attempts to grapple with "the potential clash between robust case management and a Claimant's right to have his case fully heard" has generated clear principles to be adhered to when considering whether to strike out a particular complaint. 

In 2008 teacher Mr Sood was dismissed, according to the School for redundancy. He presented a raft of claims in an Employment Tribunal, against the School and 5 staff members, alleging race, religion and disability discrimination, protected disclosures, and unfair dismissal.

An Employment Judge (EJ) considered the 174 separate allegations at a Pre-Hearing Review (PHR). 53 were withdrawn by Mr Sood, many were struck out as being out of time, and Mr Sood was ordered to pay a £500 deposit in respect of his protected disclosure claim. Mr Sood did not challenge any of this. However, three particular sets of allegations were struck out (i) as out of time (ii) as having no reasonable prospect of success and (iii) as being pursued unreasonably. Mr Sood appealed to the EAT in respect of these.

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