Practice and Procedure – Striking out/dismissal
Appellant failed to put in ET3 in time and was debarred from defending. On review, the Chairman gave no reasons as to why the balance of prejudice and the interests of justice were ‘not served by granting the review.’
Held: the decision was not Meek compliant. Following D and H Travel v Foster the purpose of the sanction was not punishment but to achieve the overriding objective of dealing with cases justly. In the absence of any indication of real prejudice to the Respondent and there being an arguable defence to the claim, the appeal would be allowed and the Appellant’s ET3 accepted out of time.
Judges:
Reid QC HHJ
Citations:
[2007] UKEAT 0203 – 07 – 2604, UKEAT/0203/07
Links:
Employment
Updated: 10 July 2022; Ref: scu.251588