The EAT has held that employees can pursue an unfair dismissal claim where it is envisaged that no compensation will be awarded and such a claim should not be struck out if it still has a reasonable prospect of success.
In Evans v London Borough of Brent, the Claimant's claim for unfair dismissal was struck out as there was no prospect of any financial award. However, the claim had a reasonable prospect of success on the grounds that the Claimant's dismissal was procedurally unfair. The EAT concluded that the claim should not be struck out and the Employment Tribunal had failed to consider the benefit to the employee of a finding that their employment rights had been infringed.
In light of this case, employers are reminded to act reasonably in managing employees and disciplinary processes, even if any potential claim would be of low value. Doing so will help to prevent the issuing of proceedings and the loss of time that follows.
Originally published 21 August, 2020
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