Employment appeal tribunal overturns discrimination case strike-out

Introduction

The Employment Appeal Tribunal (EAT) recently delivered a significant judgment in the case of Ms A Kostrova vs McDermott International Inc and CB&I UK Ltd, concerning allegations of sex and age discrimination. The appeal challenged a previous decision by the Employment Tribunal to strike out Ms Kostrova's claims on the grounds that they had no reasonable prospect of success.

Background

Ms Kostrova, who worked as an agency worker for CB&I UK Ltd from May 2019 until her dismissal in October 2020, alleged that her dismissal was due to discriminatory practices based on her sex and age. She also claimed that she was paid less than a younger male counterpart for similar work. The initial tribunal had struck out her claims, citing a lack of reasonable prospects for success.

Claims and Initial Tribunal Decision

In her claim form, Ms Kostrova outlined several grievances, including being paid significantly less than a younger male colleague and being dismissed under false pretences. She attributed her dismissal to personal biases held by her manager, including a dislike for older, experienced women. The Employment Tribunal, however, struck out her claims, concluding they were speculative and lacked an evidential basis.

Appeal Grounds

Ms Kostrova appealed the decision, arguing that the tribunal had failed to properly consider her claims and had inappropriately struck them out without sufficient inquiry into the facts. She contended that there were material disputes over the facts that warranted a full hearing.

Judgment by the Employment Appeal Tribunal

The EAT, presided over by The Hon. Lord Fairley, found that the original tribunal had erred in its judgment. The EAT concluded that the tribunal had not adequately considered the extent of Ms Kostrova's claims and had failed to take her complaints at their highest. The EAT noted that the tribunal had improperly assessed the likelihood of the respondents' evidence being preferred without a full hearing.

Key Legal Principles

The EAT emphasised the principle that discrimination claims should not be struck out except in the clearest of circumstances. It highlighted that disputed material facts should be fully examined in a hearing rather than being dismissed at a preliminary stage. The EAT's decision reflects established legal principles that protect claimants from premature dismissal of their cases.

Outcome and Implications

The EAT allowed the appeal, setting aside the tribunal's decision to strike out the discrimination claims. The case was remitted to a different tribunal for a full merits hearing. This decision underscores the importance of thorough examination of discrimination claims, particularly where there are disputes over the facts.

Conclusion

This case serves as a reminder of the rigorous standards required for striking out discrimination claims and reinforces the need for careful consideration of all evidence before dismissing such cases. The EAT's decision is a pivotal moment for employment law practitioners, highlighting the necessity of ensuring that claimants have the opportunity to fully present their cases.

Learn More

For more information on employment law, see BeCivil's guide to UK Employment Law.