Thread by @JasonBraier

1/ White v HC-One Oval: Was an ET right to strike out W's unfair dismissal claim in circumstances in which she'd taken voluntary redundancy? No, said the ET.
assets.publishing.service.gov.uk/media/624ee7b4…
#ukemplaw

2/ W was one of a team of receptionists, & also did admin work. She was p/t. Her employer took on an additional receptionist on a couple of months before starting a redundancy process. W took voluntary redundancy & the new receptionist was the only 1 kept on (f/t & with admin too

3/ W brought a claim for unfair dismissal. At an open PH, an ET struck her claim out on the grounds it had no reasonable prospects of success. The EAT disagreed, holding the ET had failed to take W's case at its highest.

4/ The EAT noted the case law acknowledging the possibility of taking voluntary redundancy & still bringing an unfair dismissal claim, & noted that W's case was put on the basis that the redundancy situation here wasn't a genuine one.

5/ The EAT accepted the ET hadn't taken W's case at its highest, there was a dispute as to core facts & the ET hadn't been in any position to determine on the face of the documents that W's position lacked any reasonable prospects of success.