Strike out

Ms Peixoto, who suffers from chronic fatigue syndrome, brought a claim of unfair dismissal and disability discrimination in early 2004. After three years and a series of postponements, largely at her request, the tribunal refused a further application to postpone the case. It struck out Peixoto’s claim, saying that there was no likelihood of a hearing in the near future. The tribunal acknowledged that there was no blame but said it was no longer possible to have a fair hearing.

The EAT upheld the tribunal’s decision to strike out. It had concluded that it would not be fair to go ahead without evidence from Peixoto and she had said she wanted to give evidence so a decision could not be made on the documents alone. The EAT noted that the right to a fair trial established in Article 6 of the European Convention on Human Rights includes the provision that it must take place within a reasonable time. If, in 2007, the tribunal could not see any time in the future when it could be tried, the EAT held it was correct to form the view that a fair trial was not possible and to strike it out.