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
  • 18 August 2026
  • Immigration

Home Office curtailment of Sponsored Workers’ permission: Why employers and employees must act quickly

The Home Office has recently changed the speed at which it processes sponsor notifications following the end of a sponsored worker’s employment.

art
  • 13 August 2026
  • Employment

ACAS Draft New Code on Disciplinary and Grievance Procedures

ACAS have published a draft Code on 30 July 2026, which will replace the 2015 ACAS Code on disciplinary and grievance procedures when the Code is finalised at the end of September 2026.

art
  • 12 August 2026
  • Corporate and M&A

EMIs – April 2026 changes explained

On 6 April 2026 the Enterprise Management Incentive scheme (EMI) was expanded to make EMIs accessible to a wider range of businesses.

art
  • 06 August 2026
  • Privacy and Data Protection

The rise of the AI-powered individual: Is your business ready?

Artificial intelligence is changing the data protection landscape, but perhaps not in the way many organisations expected. Much of the discussion has centred on businesses adopting AI and ensuring they comply with the UK GDPR.

Pub
  • 06 August 2026
  • Employment

Employment law changes in 2026: What you need to know

With ongoing changes to UK employment law, staying updated is more challenging than ever. Join Monica Atwal and Harry Berryman for a live webinar covering 2026 HR changes and key employment law updates on Thursday 17 September.

Pub
  • 04 August 2026
  • Employment

From Opportunity to Employment: Building Inclusive Workplaces Together | Hosted by Breakthrough Supported Employment

Join Breakthrough Supported Employment for a live seminar on building inclusive workplaces at Malmaison Reading. Clarkslegal’s Lucy White will speak alongside industry experts, sharing insights on fostering diversity and creating equitable opportunities.