EAT PRACTICE AND PROCEDURE: Striking-out/dismissal / Amendment / Withdrawal
There was one appeal in relation to three decisions in two Employment Tribunal applications.
In Employment Tribunal case 8815
(i) The Appellant challenged the striking out of her claim. The Employment Tribunal was plainly entitled to conclude that there could not be a fair trial of the claims in the light of the continued refusal, still persisted in, by the Appellant to disclose the content of a medical report expressly referred to by her in her ET1, and whose content was held by the Employment Tribunal to be plainly material to the allegations made by the Appellant; there had effectively been an unless order as the matter had been before the Tribunal on two previous occasions and had been the subject of correspondence from the Tribunal, but in any event the Appellant made clear to the Tribunal that she would never disclose the report.
(ii) But for the striking out, the Appellant’s application to the Employment Tribunal to amend the claim to add sex discrimination would have been remitted to the Employment Tribunal to consider whether some at least of her allegations were not barred by section 32.
In Employment Tribunal case 9948
(iii) The Appellant appealed the Employment Tribunal’s decision not to permit her to withdraw her earlier withdrawal of her claim against the First Respondent. The Employment Tribunal rightly dismissed the application in the light of Khan.
Judges:
Burton J
Citations:
[2009] UKEAT 0194 – 09 – 1706
Links:
Employment
Updated: 30 July 2022; Ref: scu.361503