EAT Practice and Procedure : Striking-Out/Dismissal – Postponement or stay
Costs
The Claimant did not attend on day 1 of her 8 day race discrimination hearing. The Employment Tribunal was told by noon she had been taken by ambulance and was in AandE. The Respondent made an application to strike out the claims with costs. No details were provided to the Claimant as to the grounds (which were rule 18(7)(c) and (d)). Her husband said he could not comply with the Employment Tribunal’s requirement that written medical corroboration of the Claimant’s hospitalisation be provided by 2.00pm. The Employment Tribunal struck out the claims and awarded costs of andpound;10,000.
Judgment set aside. The Employment Tribunal failed to deal with the postponement application. It did not send notice as required by rules 18(6) and 19 so the hearing was a nullity. Alternatively the decisions on postponement, strike-out and costs were wholly wrong in principle. Teinaz, Abegaze and O’Cathail applied. On the EAT deciding the issue the claims were restored to a fresh Employment Tribunal for full hearing, the Claimant to pay the Respondent its costs thrown away on day 1 under rule 40(1).
McMullen QC J
[2013] UKEAT 0102 – 13 – 1609
Bailii
England and Wales
Employment
Updated: 25 November 2021; Ref: scu.517544