ARFAN KHAN SUCCESSFUL IN APPEAL AGAINST STRIKE OUT ORDER UNDER RULE 37 OF THE EMPLOYMENT TRIBUNAL RULES 2013

Arfan Khan represented the successful Appellant on appeal, instructed by Chipatiso Associates LLP at short notice, having not appeared at first instance. HHJ Shanks granted an oral hearing on the grounds of appeal, which were prepared by the previous advocate.

The appeal challenged the Employment Tribunal’s decision to strike out claims of race discrimination, sex discrimination, victimisation, and harassment. The Employment Tribunal had dismissed these claims under Rule 37 of the Employment Tribunals Rules 2013 (“the ET Rules”), concluding that the Appellant’s former representative’s conduct was scandalous, vexatious, or unreasonable. The Employment Tribunal found that the former representative treated the case as a personal crusade, failed to act in the Appellant’s best interest, and pursued his own agenda against the Respondent.

In an extempore judgment, the Employment Appeal Tribunal allowed the appeal and provided guidance on the interpretation and application of Rule 37 of the ET Rules 2013. The Employment Appeal Tribunal remitted the case back to the Employment Tribunal before a different judge.