EAT Practice and Procedure – Striking-out/dismissal. The Employment Tribunal was faced with a delay in serving witness statements and a mistaken assumption that the hearing would be adjourned by consent. It considered that the Respondent’s conduct had been unreasonable and in breach of orders of the Tribunal so it struck out the Notice of Appearance and refused to permit the Respondent to cross examine the Claimants or to make submissions. The Employment Tribunal failed to consider whether a fair trial was possible or whether it was proportionate to apply a lesser sanction. The Appeal was allowed and the sanction against the Respondent was limited to debarring the Respondent from calling witnesses.
Judges:
His Honour Judge D Serota QC
Citations:
UKEAT/0038/05, [2005] UKEAT 0038 – 05 – 0605
Links:
Jurisdiction:
England and Wales
Employment
Updated: 11 July 2022; Ref: scu.229264