EAT PRACTICE AND PROCEDURE: Striking-out/dismissal
Claim dismissed at pre hearing review when claimant did not appear and provided no justification for failing to do so. Review refused. Claimant appealed against both original and review decisions. On appeal; although there was, in the circumstances, a strong case for striking out the claimant’s claim as his unjustified non-attendance could be seen as a failure to actively pursue it and his conduct had been unreasonable, since the procedure required by rules 18(7) and 19 of the ET rules had not been followed, the appeal had to be allowed. Claim remitted to the Employment Tribunal to fix a further pre-hearing review.
Citations:
[2008] UKEAT 0025 – 08 – 3010
Links:
Employment
Updated: 23 July 2022; Ref: scu.317877