Claims Dismissed for Material Non-Compliance
(Practice and Procedure : Striking-Out/Dismissal) The Employment Judge made an Unless Order and subsequently gave notice pursuant to Rule 38(1) that the claims of all the Claimants had been dismissed by reason of material non-compliance with the Unless Order. She found, in particular, that Claimants who had served schedules setting out the amounts claimed had not provided ‘full particulars of the amount of holiday pay claimed’ (paragraph 1 of the Unless Order); and that a mistake as regards a particular Claimant meant that confirmation by the Claimants’ solicitors that all Claimants were covered by a collective agreement did not materially comply with a requirement (paragraph 3) to say which Claimants’ contracts of employment were covered by a collective agreement.
On appeal by the Claimants against that notice, held that on the true construction of the Unless Order:
(1) Those Claimants who had served schedules had complied with the requirement in paragraph 1 to provide ‘full particulars of the amount of holiday pay claimed’.
(2) The Claimants’ solicitors had complied with the requirement in paragraph 3 of the Unless Order notwithstanding that they had made a mistake in the case of a particular Claimant.
(3) The claims of those Claimants who had complied with all three paragraphs of the Unless Order had not been dismissed.
David Richardson HHJ
[2016] UKEAT 0316 – 15 – 0310
Bailii
England and Wales
Employment
Updated: 01 November 2021; Ref: scu.570400