Smith v Tesco Stores Limited [2023]
Decision Number: EAT 11 Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 22/02/2023
Article Authors The main content of this article was provided by the following authors.
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason Elliott BL Barrister & Associate Head of School of Law, Ulster University
Jason elliott new
LinkedIn

Jason Elliott was called to the Bar of Northern Ireland in 2013 and is the Associate Head of School of Law at Ulster University.  As a practising barrister, he has developed a largely civil practice representing individuals, companies and public bodies in litigation. This covers a wide range of areas including personal injuries, wills and employment law. In terms of employment law, he has represented both applicants and respondents in the Industrial Tribunal.   At Ulster University, Jason lectures extensively on the civil areas of practise such as Equity and Trusts and delivers employment law lectures for both undergraduate and postgraduate students.

Summary

The EAT upheld the strike out of the claimant’s claims, finding his persistent failure to comply with Tribunal directions made a fair trial impossible and rendered his conduct vexatious.

Background

Background:

The claimant worked as a customer assistant for the respondent from 2008 until 2018.  The claimant asserted that he was dismissed when he was shopping in the store and had an altercation with a store manager resulting in the claimant being arrested by the police.   The claimant commenced his claim for unfair dismissal, race discrimination, disability discrimination and other related claims.  The Tribunal outlined that some complaints were clear whereas others were not.

The difficulties arose during the preliminary hearings when the claimant sought to add a range

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 22/02/2023