Striking out a claim

Case 7: The facts

Mr Bayley, a 17-year-old with severe dyslexia, was dismissed from his job and brought a claim for disability discrimination, in which his father represented him. The employer disputed whether he had a disability, and his father produced only parts of two reports prepared several years earlier by an educational psychologist. The tribunal struck out Bayley’s claim on the basis that his father’s conduct in withholding part of the reports was unreasonable.

The ruling

The EAT said it could find nothing in the withheld passages to contradict the psychologist’s findings that Bayley suffered from severe dyslexia. And although the blanked-out section – which said he was reluctant to accept help – did relate to the question of reasonable adjustments, the employer had obtained a copy of the full report well before the hearing so had been able to prepare its case.

The tribunal had let its strong disapproval of Bayley’s father’s conduct get in the way of the real issue, the EAT said, which was whether a fair trial was still possible. It held that it was, and sent the case to be heard by a new tribunal.

Bayley v Whitbread hotel Co Ltd t/a Marriott Worsley Park Hotel & another UKEAT/0046/07