Court of Appeal confirms tribunal should not have struck out whistleblowing claim where facts in dispute

In Ezsias v North Glamorgan NHS Trust the Court of Appeal held that a tribunal had been wrong to strike out a claim as having no reasonable prospects of success at a pre-hearing review. There was a crucial core of disputed facts that was not susceptible for determination other than by hearing and evaluating the evidence. It was perverse for the tribunal to have decided at a preliminary stage that the claimant was unlikely to establish the necessary factual basis for the claim.