Emuemukoro v Croma Vigilant (Scotland) Ltd and Another (Practice and Procedure): EAT 22 Jun 2021

Response Properly Struck Out – Non-compliance

On the first day of a five-day hearing to consider the Claimant’s claims of unfair dismissal, wrongful dismissal and holiday pay, the Tribunal struck out the Respondents’ Response for failing to comply with the Tribunal’s orders. Those failures meant that it was impossible for the trial to proceed within the five-day trial window. The short issue in this Appeal is whether the Tribunal erred in law in striking out the Respondents’ Response.
Held, dismissing the appeal, that the Tribunal did not err in law. It was not necessary, in order for the power to strike to out to be triggered, for a fair trial not to be possible at all; it is enough for the power to be exercisable that, as a result of a party’s conduct, a fair trial was not possible within the trial window.

[2021] UKEAT 2020-000006
Employment Tribunal Constitution (Rules and Procedure) Regulations 2013
England and Wales
CitedArrow Nominees Inc and Another v Blackledge and Others CA 22-Jun-2000
A petition had been lodged alleging unfair prejudice in the conduct of the company’s affairs. The defendants alleged that when applying for relief under section 459, the claimants had attempted to pervert the course of justice by producing forged or . .
CitedBlockbuster Entertainment Ltd v James CA 25-May-2006
The defendant company appealed against an order re-instating the claimants’ claims for damages for race discrimination and victimisation after they had been struck out for wilful disobedience of the tribunal’s orders.
Held: When making a . .
CitedRiley v The Crown Prosecution Service CA 30-Jul-2013
The claimant’s employment action had been struck out when the Tribunal concluded that given the medical evidence a fair trial would not be possible within the forseeable future. . .

Lists of cited by and citing cases may be incomplete.


Updated: 19 November 2021; Ref: scu.669837