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30 May 2012
Court of Session
Clerk LJ, Lady Paton and Lord Drummond Young
Tribunal claims can be struck out by a tribunal at a pre-hearing review; but this is unlikely to be appropriate if there are outstanding disputes on the facts which could affect the outcome.
A bus-driver's route was diverted when his normal route was closed off. The route he took led to an overhead pedestrian walkway. The bus collided with the walkway causing significant damage. The driver was dismissed. A tribunal struck the claim out at a pre-hearing review saying that dismissal was clearly justified because of the amount of the damage. However, the driver claimed he had been told to take the route he in fact took. That route would have been appropriate for a single-decker bus but when he was provided with a double-decker bus he was not advised to take a different route. Because this was a significant factual dispute between the company and the driver, the EAT and Court of Session held the claim should not have been struck out.
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