EAT PRACTICE AND PROCEDURE – Estoppel or abuse of process
PRACTICE AND PROCEDURE – Review
PRACTICE AND PROCEDURE – Restriction of proceedings order/vexatious litigant
The Claimant appealed against a Decision of the Employment Tribunal (‘the ET’) refusing his application, out of time, for a reconsideration, pursuant to Rules 71 to 72, of a Decision made in 2011, on the basis of ‘fresh evidence’. The Employment Appeal Tribunal held that the appeal was an abuse of process, because the ‘fresh evidence’ was the same ‘fresh evidence’ as the Clamant had relied on in unsuccessful applications in 2014, for reconsideration of the 2011 Decision, and for permission to appeal to the Employment Appeal Tribunal. The Employment Appeal Tribunal also held that the ET had not erred in (1) refusing to extend time for the making of that application, (2) the procedure it adopted for deciding that application, or (3) its approach to the merits of that application. The Employment Appeal Tribunal asked for written submissions from the parties on the question whether the appeal was totally without merit.
Citations:
[2017] UKEAT 0059 – 17 – 1910
Links:
Jurisdiction:
England and Wales
Employment
Updated: 02 April 2022; Ref: scu.601899