EAT Practice and Procedure : Application for review of judgment in default
Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004
ET1 sent to Respondent by Employment Tribunal but not received. Application for review initially failing to comply with requirements of r.33(2) ET Rules 2004. Later application/amendment of original application in correct form. Application still made out of time.
Employment Judge considering no discretion given failure to comply with r.33(2). Failing to consider second application/application as amended.
Wrongful fetter on discretion.
As unable to say how EJ would have exercised discretion, matter remitted to ET for re-hearing of application.
Eady QC HHJ
[2014] UKEAT 0423 – 13 – 2802
Bailii
Employment Tribunal (Constitution and Rules of Procedure) Regulations 2004
England and Wales
Employment
Updated: 03 December 2021; Ref: scu.525178