Search

How can we help?

Icon

To strike out or not to strike out?

In the recent case of Arriva London North Ltd v Maseya, the Employment Appeal Tribunal (EAT) held that a party’s case should only be struck out in exceptional circumstances.

Mr Maseya has monocular vision and was found to be disabled within the meaning of the Equality Act.  When he applied for the role of a PSV fitter with Arriva, the recruitment agency refused to forward his application on as he did not hold a PCV licence (or the potential to obtain one once employed).

Mr Maseya alleged that the requirement to hold a PCV licence amounted to a PCP that indirectly discriminated against him as it put him (and others with his disability) at a substantial disadvantage because they were prevented from applying for the role.  He subsequently brought claims against Arriva for failure to make reasonable adjustments and indirect disability discrimination.

In responding to the claim, Arriva argued that the requirement to hold a PCV licence was an essential part of the role and that Mr Maseya was treated in the same way as other non-disabled people.  However, when asked by the tribunal, it was not able to confirm whether all engineers held a PCV licence and in fact accepted that some did not.  It also transpired that Arriva had failed to disclose a document listing engineers without PCV licenses.

Arriva’s attempt to amend its defence failed and the tribunal struck out its case after finding that it had pursued a “false defence” and failed to comply with its duty to disclose.  Mr Maseya was awarded compensation of just over £11,000 together with costs of £12,000.

Arriva argued that the requirement to hold a PCV licence was an essential part of the role and that Mr Maseya was treated in the same way as other non-disabled people.

The decision was set aside on appeal and the case was sent back to be heard by a fresh tribunal.  The EAT held that the tribunal’s conclusion that a fair trial was no longer possible was based on the fundamental misunderstanding of the case.  It also found that there was no basis for a conclusion that there had been a deliberate non-disclosure of relevant documents and there was no reason why disclosure could not be dealt with at the hearing.  The case reinforces the high threshold that should be applied when considering strike out  and that tribunals need to assess whether any lesser, more proportionate sanction, is appropriate.

For factsheets, letters, checklists and policies on discrimination, please visit employmentbuddy.com

For further information on how our employment lawyers can support you when considering strike out, please contact employment@clarkslegal.com  

 

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

About this article

Read, listen and watch our latest insights

art
  • 20 May 2026
  • Immigration

AI vs Home Office approved Translations – why migrants are paying the price

AI is transforming almost every professional sector. Law firms now use AI-assisted drafting, businesses rely on automated translation software, and governments increasingly use digital systems for decision-making.

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.

art
  • 19 May 2026
  • Privacy and Data Protection

New Complaints Procedure for Data Protection Coming in June – Are You Ready?

The Data (Use and Access) Act 2025 (the “Act”) received Royal Assent last year and introduces slight reforms to the UK’s data protection regime.

art
  • 18 May 2026
  • Commercial Real Estate

Land Registry title to property mines and minerals

Depending on the location of the property, it is quite common in parts of England and Wales for a property title to contain a reference to mines and minerals, and for these to be excluded from the surface owner’s ownership in favour of another party.

art
  • 13 May 2026
  • Employment

10 top tips for negotiating a redundancy settlement agreement, for employers and employees

Redundancies are on the rise, resulting in increased use of settlement agreements. We’ve compiled our top 10 tips for drafting and negotiating these agreements to support both employers and employees through this challenging process.

art
  • 12 May 2026
  • Immigration

Supplementary Employment: When is it Allowed under UK Immigration Rules?

This article provides a guidance to understanding the rules on supplementary employment in the UK.