EAT PRACTICE and PROCEDURE
Appearance/Response
Employment Judge refused, on a preliminary consideration under Rule 35, an application under Rule 34 for a review of the rejection of a late-submitted response, in circumstances where there were credible grounds for believing that R had previously submitted a response in time but it had gone astray – Claim upheld at a hearing at which R was in consequence debarred from participating under Rule 9.
Held that the application should not have been refused summarily – EAT conducted a review itself and directed that the response be accepted and the claim be reheard.
Citations:
[2009] UKEAT 0297 – 09 – 0411
Links:
Employment
Updated: 07 August 2022; Ref: scu.381636
