In the case of Boateng v Moss Bros Group Ltd, the claimant began a claims in 2020, including multiple race and religion discrimination complaints dating back to 2017, alongside unfair dismissal and holiday pay claims following his dismissal in 2019.
The progress of the claim was significantly delayed by the Covid-19 pandemic and the respondent entering into a company voluntary arrangement (CVA) from December 2020-March 2022. By the time of a preliminary hearing in 2023, the respondent applied to strike out the discrimination claims on the basis that a fair trial was no longer possible.
The Employment Tribunal upheld that application, finding that most of the relevant witnesses were no longer employed by the respondent, and many were uncontactable or unwilling to engage. The tribunal also considered that the allegations spanned several years and some of those allegations would only be heard 7 years later. The discrimination claims were struck out, although the unfair dismissal and holiday pay claims were allowed to proceed.
The claimant appealed on a number of grounds, including that the tribunal had failed to consider whether witness orders could secure the attendance of the extant witnesses or whether it was possible to carve out the complaints. The claimant also applied to postpone the final hearing of those remaining claims pending his appeal against the strike-out decision. That application was refused.
The EAT dismissed the appeal on both the...
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