The claimant had been represented at his claim before the employment tribunal by his wife, acting as a lay representative. She asked to be allowed to withdraw the complaint. Without asking her, the complaint was dismissed, and costs awarded against the claimant. He now appealed saying that the tribunal, knowing he was not represented by a lawyer, should have ensured a thought through decision.
Arden, Christopher Clarke LJJ, Barling J
[2014] EWCA Civ 1083
Bailii
Employment Tribunals (Constitution and Rules of Procedure) Regulations 2004
England and Wales
Citing:
Cited – Gee v Shell UK Ltd CA 24-Oct-2002
The claimant sought an award for unfair dismissal. A similar case had been decided against another worker, and the respondent warned that it would want its costs. The tribunal gave her a warning that she was at risk of a costs order. She withdrew . .
Cited – Tait v The Royal College of Veterinary Surgeons PC 20-Mar-2003
PC The Disciplinary Committee of the RCVS . .
Cited – Mensah v East Hertfordshire NHS Trust CA 10-Jun-1998
An industrial tribunal should be helpful to litigants to help establish clearly whether issues which had been raised on the papers were not being pursued. An employee claiming racial discrimination but not pursuing it at the tribunal was not allowed . .
Cited – Adese v Coral Racing Ltd EAT 5-Aug-2005
EAT The claimant appealed on the basis that he had been treated unfairly by an employment tribunal by reason of an unjust costs warning; this placed such pressure upon him that he felt obliged to abandon his . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 18 December 2021; Ref: scu.535446