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Williams v Real Care Agency Ltd - Strike out during hearing for "evidential insubstantiality" is strongly discouraged [2012] EAT

Only in very exceptional circumstances - "to the point of the instances of it being vanishingly small" - could a claim ever properly be struck out mid‑hearing on the grounds of evidential insubstantiability 

Mrs Williams worked as a carer. She was dismissed for misconduct because she had signed time-sheets on behalf of the service user and had rounded up any shortfall in hours to the full shift. She alleged at employment tribunal that she had been dismissed unfairly, arguing that both practises were recognised as common practise, that her employer benefited from the practise by charging more, and stating that she intended to call witnesses to support this contention.

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