Airport Worker's Discrimination and Dismissal Claims Struck Out by Employment Appeal Tribunal
An airport worker's claims for unfair dismissal, race, and disability discrimination have been struck out by the Employment Appeal Tribunal.
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Employment Tribunal Strikes Out Claims Over Non-Payment of Deposits
The Employment Appeal Tribunal (EAT) has upheld an Employment Tribunal's decision to strike out all claims brought by Mr H Amin against Manchester Airports Group PLC (MAG) and an individual, Ms Francesca Abbott. The primary reason for the strike-out was Mr Amin's failure to pay deposit orders mandated by the Tribunal.
Appellant's Failure to Comply with Tribunal Orders
The original Employment Tribunal had issued deposit orders on 5 May 2023, requiring payment by 31 May 2023. Mr Amin's claims were ultimately struck out under rule 39(4) of the Employment Tribunal Rules due to non-payment. Subsequent applications for relief from these sanctions and for the postponement of a preliminary hearing were also refused.
Appeal Dismissed: No Error of Law Found
In his appeal to the EAT, Mr Amin argued that the Tribunal Judge erred in law by failing to consider whether his non-compliance was a deliberate and persistent disregard of procedural steps or if it made a fair trial impossible. He also alleged bias by the Employment Judge against his former representative.
Judge Stout, presiding over the EAT, found no error of law in the original Tribunal's decisions. The judge noted that, at the hearing, Mr Amin's representative conceded that the claims indeed stood struck out due to the non-payment of deposits. Consequently, there was no substantive application for relief from sanctions left for the Tribunal to consider.
Regarding the alleged bias, the EAT concluded that the comments made by the Employment Judge in the written reasons did not give rise to a real possibility of bias in the eyes of a fair-minded and informed observer. Phrases such as "Mr Broomhead did not press the application any further" and "prevarication" were deemed to be appropriate recordings of events or standard judicial language.
Personal Circumstances and Procedural Hurdles
Throughout the proceedings, Mr Amin faced personal difficulties, including the death of his representative, Mr Broomhead, his own ill health, and the severe illness of his father. While the EAT expressed sympathy for these circumstances, it was found that they did not prevent Mr Amin from attending the hearing or applying for a postponement if he had wished to do so.
Ultimately, the EAT determined that the appeal should be dismissed, confirming the original Tribunal's decision to strike out Mr Amin's claims. The appeal was heard on 21 April 2026, with judgment handed down on 19 May 2026.
Read the entire judgment here: Mr H Amin v (1) Manchester Airports Group PLC (2) F Abbott EAT 63
