EAT Practice and Procedure
On non-appearance by Applicant (as it turned out, due to negligence by his solicitor), the tribunal proceeded, and dismissed his claim: it then refused to hear a Review because of the wasted hearing and of the existence of a remedy against the solicitor. Bartholomew reconsidered (ET does not need to telephone a party on non-attendance but should certainly consider doing so (and should have done so in this case, where solicitors on the record)). Review should have been granted. Remedy against solicitors not material – and costs (upon undertaking by the solicitors to meet any order) sufficient to resolve prejudice.
Judges:
Burton J P
Citations:
UKEAT/0064/04, [2004] UKEAT 0064 – 04 – 2104, [2004] IRLR 86, [2004] ICR 1188
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Euro Hotels (Thornton Heath) Ltd v Alam EAT 20-Apr-2009
EAT PRACTICE AND PROCEDURE: Postponement or stay
PRACTICE AND PROCEDURE: Review
Employment Tribunal gave Judgment at a hearing in the absence of the Respondent. It held a review and refused to vary the . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 04 July 2022; Ref: scu.231309