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Procedure: Limiting Discrimination Allegations

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Is it acceptable to limit a claimant to her 'Top Ten' discrimination claims?

Generally not, held the EAT in Tarn v Hughes & Ors.

The Claimant, a GP, brought maternity and pregnancy discrimination claims. She alleged 21 acts of direct discrimination, 19 of harassment and 6 of victimisation. The list of issues required the tribunal to decide 180 issues.

Dr Tarn was ordered to select a sample of the ten most recent and serious allegations to pursue. This 'reasonable bounds' test was approved in Hendricks v Commissioner of Police for the Metropolis and endorsed in HSBC Asia Holdings v Gillespie.

In the current case, however, the EAT held that the tribunal’s order was perverse. The tribunal has a broad case management discretion pursuant to rule 29 of the Employment Tribunal Rules of Procedure 2013 but limiting the claims in this way might undermine a just determination of the case. It should not be open to a tribunal to limit claims in this way other than in exceptional circumstances.

Thanks to Karen Jackson of didlaw for preparing this case summary.