EAT This interlocutory appeal raises a point of general importance regarding Employment Tribunal practice where one Tribunal revisits and varies or alters an interlocutory order or direction made by an earlier Tribunal. We use the expression Tribunal to include a Chairman properly sitting alone.’
Held: Although it was open to an Employment Tribunal to make an order inconsistent with an earlier order of its own it should only do so in appropriate circumstances and most usually only when there had been a change of circumstances since the earlier order. Employment Tribunals must exercise their powers under the Employment Tribunal’s Rules of Procedure in accordance with the principles that apply under the Civil Procedure Rules.
Judges:
Peter Clark J
Citations:
EAT/1203/01, [2001] UKEAT 1203 – 01 – 1910, [2002] ICR 1251
Links:
Cited by:
Cited – Tisson v Telewest Communications Group Ltd EAT 19-Feb-2008
The claimant’s claim had been struck out for his failure to comply with an order to serve a list of documents.
Held: The appeal failed. The principles applied under the Civil Procedure Rules should be applied in Employment Tribunals. The . .
Cited – St Albans Girls School and Another v Neary CA 12-Nov-2009
The claimant’s case had been struck out after non-compliance with an order to file further particulars. His appeal was allowed by the EAT, and the School now itself appealed, saying that the employment judge had wrongly had felt obliged to have . .
Applied – Bonkay-Kamara v APCOA Parking UK Ltd EAT 23-Oct-2013
EAT Unfair Dismissal : Tribunal procedure. Whether, having given directions for a full hearing, and dismissed a subsequent application for a pre-hearing review, the Tribunal could then later direct a pre-hearing . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 14 June 2022; Ref: scu.204316