A v B and Anor - Tribunal should be slow to strike out unfair dismissal claim if earlier discrimination-related grievance may have influenced employer
Establishing facts is fundamental. If an employee who has raised a discrimination-related grievance is subsequently dismissed for an ostensibly unrelated disciplinary matter, an Employment Tribunal should not strike out claims by the employee without considering the implications of the "reverse burden of proof" provisions of the anti-discrimination legislation.
Editor's note: The Court of Appeal in this case upheld and extended a restricted reporting order to preserve the anonymity of the parties, who are identified as follows:
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