Employment ; ;Employment tribunal complaint application to dismiss for no reasonable prospect of success no jurisdiction before hearing complainants evidence ;Care First Partnership Ltd v Roffey and Others: CA (Aldous LJ and Sir Christopher Slade): 3 November 2000 ;The complainants brought claims of victimisation and constructive dismissal against their former employers. Before any evidence was called, the employers applied at the hearing to dismiss the complaints on the ground that, having regard to the originating applications and the complainants witness statements, if true, the complaints had no reasonable prospect of success. The employment tribunal held that it had no jurisdiction under r.13 of the Employment Tribunals (Constitution and Rules of Procedure) Regulations 1993 (S.I. 1993 No 2687) to do so and it dismissed the application. The Employment Appeal Tribunal dismissed the employers appeal, holding that no such jurisdiction existed either under r.13(1) or, as additionally alleged, under r.9(1). The employers appealed. ;Laura Cox QC and Paul Epstein (instructed by BUPA Legal Department) for the employers; Ian Scott (instructed by Bolt Burdon) for the complainants. ;Held, dismissing the appeal, that the case management powers in rr 9(1) and 13(1) were concerned with procedure and could not be read as grafting onto the rules a wider jurisdiction to strike out than that already expressly conferred by rr 4(7), 7(4) and 13(2); and that accordingly an employment tribunal had no jurisdiction to dismiss a complaint at the start of a hearing, before it had heard a complainants evidence, on the ground that the complaint had no reasonable prospect of success. ; ; ; ;