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

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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Case Summary Tag: 
Enforcement: Employment Tribunals etc. [1]
  • Printer-friendly versionPrinter-friendly version [2]

Source URL: https://www.emplaw.co.uk/lawguide/short-v-birmingham-city-council-anor-no-reasonable-prospect-success-strict-test-2013-eat

Links
[1] https://www.emplaw.co.uk/case-summary-tags/enforcement-employment-tribunals-etc
[2] https://www.emplaw.co.uk/print/lawguide/short-v-birmingham-city-council-anor-no-reasonable-prospect-success-strict-test-2013-eat