EAT PRACTICE AND PROCEDURE: – Appearance/response – Costs – Appellant failed to put in a response. Default judgment entered. Appellant applied for review. Respondent had been employed for less than 12 months but claimed to have been dismissed for ‘health and safety’ reasons. Appellant asserted the Respondent was dismissed for redundancy. Employment Tribunal refused to set aside judgment and held there was no application to extend time for the response with the consequence Appellant could not be heard at the remedies hearing.
Held: default judgment to stand but response to be accepted out of time so Appellant could participate in the remedies hearing.
Citations:
[2008] UKEAT 0539 – 07 – 0205
Links:
Citing:
Cited – NSM Music Ltd v J H Leefe EAT 14-Dec-2005
EAT Practice and Procedure: Appearance/Response, Review and Appellate Jurisdiction/Burns-Barke
When a Respondent has been debarred from taking part in proceedings under ET Rule 9, he may request Reasons . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 17 July 2022; Ref: scu.270231