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 Judgment. It erred in taking account of the Respondent’s ability to recover from its insurers, and in not accepting that the office had not made a call to the Respondent, the Respondent had made a diary error and sought a postponement before Judgment was made, and shortly thereafter a representative and the Respondent attended.
Substantive and review Judgments set aside, save for costs orders, and full hearing ordered. Observations on Rule 35 (review).
Judges:
McMullen QC J
Citations:
[2009] UKEAT 0006 – 09 – 2004
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Cooke v Glenrose Fish Company EAT 21-Apr-2004
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 . .
Cited – Secretary of State for Health v Rance EAT 4-May-2007
EAT Equal Pay Act – Part time pensions
Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke
The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be . .
Cited – Chowles (T/A Granary Pine) v West EAT 8-Jan-2009
EAT PRACTICE AND PROCEDURE: Appearance/response, Service
A claim sent to Mr Anthony Charles with two errors in the address was not pursuant to Rule 2 ‘sent to the Respondent’ Mr Anthony Chowles. It is . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 11 July 2022; Ref: scu.347176