EAT A default judgment found that the claimant’s claim of unfair dismissal succeeded. The employers were subsequently barred from appearing at remedies hearing. Undertaking given by and on behalf of claimant regarding material to be put before tribunal at remedies hearing, on basis of which employers did not proceed with appeal against that bar, not obtempered, and tribunal proceeded to fix remedy in ignorance of it. When drawn to tribunal’s attention, it issued a judgment deciding that its remedies decision would be subject to review on the basis that the material which had not been put before the tribunal at the remedies hearing was clearly of relevance, but refused to allow the employers to be represented at that hearing. Following the review hearing, the tribunal decided that the matter could not be reviewed. Appeal allowed: the tribunal’s reasoning was not Meek compliant; further, the procedure explained in D and H Travel Ltd and Anr v Foster EAT0226/06 should have been followed. Order pronounced allowing the appeal, setting aside the tribunal’s judgment award of compensation and remitting the question of remedy to a freshly constituted tribunal for a hearing on remedy in which the employers would be allowed to participate.
Citations:
[2008] UKEAT 0053 – 07 – 1806
Links:
Jurisdiction:
England and Wales
Employment
Updated: 18 July 2022; Ref: scu.273198