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Strike out of claim for discussing case while under oath

The Employment Appeal Tribunal in the case of Chidzoy v British Broadcasting Corporation has upheld a decision to strike out a claim after the Claimant discussed her case while under oath.


The Claimant had brought claims to the Employment Tribunal for whistleblowing and sex discrimination against the BBC.

During an adjournment in the case, while she was still under oath, the Claimant was overheard by the Respondent discussing the case with a journalist. The Respondent applied for a strike out of the claim on the grounds of unreasonable conduct and on the basis that it would be impossible for a fair hearing.


The Employment Tribunal agreed that the Claimant’s conduct had been unreasonable and the claim was struck out. The Claimant had been warned on at least six previous occasions not to discuss her case while under oath but these warnings had been disregarded and the breakdown in trust meant that the tribunal could no longer conduct a fair trial.

The Claimant appealed.

The Employment Appeal Tribunal (“EAT”) agreed with the tribunal. The tribunal had exercised caution before striking out the claim and considered possible alternatives such as whether the case could be heard by another tribunal or whether only parts of the claim could be struck out. However, it had reached a fair conclusion that concerns over the Claimant’s veracity would continue to be a problem in any proceedings.


It is important that parties to a tribunal case appreciate the employment tribunal rules and comply with any orders made by the Judge.

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