Middlesex University

Judgment approved by the court Kolev v Middlesex University © EAT 2024 Page 1 [2023] EAT 173 Neutral Citation Number: [2023] EAT 173 Case No: EA-2021-000663-BA EMPLOYMENT APPEAL TRIBUNAL Rolls Building Fetter Lane, London, EC4A 1NL Date: 14 November 2023 Before : HER HONOUR JUDGE TUCKER - - - - - - - - - - - - - - - - - - - - - Between : DR GUEORGUI KOLEV Appellant - and – MIDDLESEX UNIVERSITY Respondent - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr Laith Dilaimi (instructed by Advocate) for the Appellant Mr Shane Crawford (instructed by SA Law LLP) for the Respondent Hearing date: 14 November 2023 - - - - - - - - - - - - - - - - - - - - - JUDGMENT Judgment approved by the court Kolev v Middlesex University © EAT 2024 Page 2 [2023] EAT 173 SUMMARY Practice and Procedure, Sex Discrimination The EAT allowed an appeal against the decision of an Employment Judge in which the Claimant’s claims of sex discrimination were struck out at a Preliminary Hearing. The Judge erred in a number of respects. First, the PH had been listed to consider applications to strike out pursuant to r.37 of the ET Rules 2013. However, the Judge, rather than striking out the claims for any identified reason set out in r.37(1)(a) to (e) appeared to have determined, summarily, whether the claims were brought in time (within the meaning of s.123(1) of the EqA 2010) and having determined that they were not, and that there was no act which extended over a period, determined, summarily, that time should not be extended. Further, the Claimant’s claims and allegations had not been properly identified. No evidence was heard and it appeared that no consideration had been given to whether evidence should be prepared or considered in order to determine preliminary issues. Comments made regarding the importance of not allowing the volume of work before Tribunals to…