Moss Bros Loses Appeal Over Struck-Out Discrimination Claims
An Employment Appeal Tribunal has upheld a decision to strike out discrimination claims against Moss Bros, citing fairness concerns.
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Tribunal Upholds Strike-Out of Discrimination Claims Against Moss Bros
The Employment Appeal Tribunal (EAT) has ruled that an Employment Tribunal was correct to strike out discrimination claims brought against Moss Bros Group Limited by a former employee, Anthony Boateng. The EAT found that the claims could no longer be the subject of a fair trial due to significant delays and the unavailability of key witnesses.
Mr. Boateng, who began working for Moss Bros in 2017, was dismissed in October 2019. He subsequently lodged a claim in February 2020, which included multiple complaints of discrimination based on race and religion, as well as unfair dismissal and holiday pay claims. The litigation process was substantially delayed, partly due to the Covid-19 pandemic and a Company Voluntary Arrangement (CVA) entered into by the respondent.
In September 2023, an Employment Tribunal struck out the discrimination complaints. The tribunal determined that with most of the alleged perpetrators no longer employed by Moss Bros and many being uncontactable or unwilling to cooperate, a fair hearing was no longer possible. The EAT agreed with this assessment, concluding that the prejudice to the respondent in defending the claims under these circumstances outweighed the prejudice to the claimant in not being able to pursue them.
The appeal also addressed the refusal of a postponement application made by Mr. Boateng at the start of the full merits hearing for the unfair dismissal and holiday pay claims in February 2024. The EAT found no error in the tribunal’s decision, noting that there had been no material change in circumstances since a previous postponement request had been denied.
Ultimately, both the appeal against the strike-out decision and the appeal concerning the postponement were dismissed.
Read the entire judgment here: Boateng v Moss Bros Group Limited EAT 50
