Practice and Procedure
In this case the Tribunal dismissed a claim because of non-compliance with an ‘unless’ order. The Claimant appealed arguing that she had complied with the order. Held that the Tribunal’s judgement failed to explain why the specification supplied by the Claimant was inadequate. In any event the level of detail could not be said to be materially non-compliant. While more detail could have been given, the specification provided was sufficient to enable the Respondent to prepare their defence. It was important that a realistic approach should be taken to the provision of names, dates and witnesses by a party who was unlikely to have ready access to the relevant information. Documents supplied by parties in compliance with ‘unless’ orders should not be treated as a specie of written pleading or subjected to minute scrutiny; and appeal allowed.
Citations:
[2021] UKEAT 0038 – 18 – 1002
Links:
Jurisdiction:
England and Wales
Employment
Updated: 09 December 2022; Ref: scu.661695