Should an unfair dismissal claim be struck out if there is a reasonable prospect of success, but where no compensation will be awarded?
No, held the EAT in Evans v London Borough of Brent.
The tribunal struck out the Claimant's claim as having no reasonable prospects of success save on the ground of procedural unfairness and because there was no prospect of the Claimant receiving any financial award, so it was not in the interests of justice for the case to proceed.
The EAT concluded that this failed to acknowledge the potential value of a mere finding of unfair dismissal as a judicial statement that the employer has violated the employee's right. It could not be said that such a finding would be of no value, or that the interests of justice cannot require a Respondent to be held to account for procedural unfairness.
Thanks to Tim Kenward of 7 Harrington Street Chambers for preparing this case summary.