In a case involving multiple claims of protected disclosure detriment, and a claim of unfair dismissal by reason of protected disclosures, the Employment Tribunal erred in its approach to whether there had been material non-compliance with an Unless Order that was attached to an earlier Order requiring further particulars of the claims. The EAT made observations on the particular perils and pitfalls of making, and construing, an Unless Order that is parasitic on an earlier Order, and that relates to the provision of particulars.
There were also breach of contract claims. The Tribunal correctly concluded that there had been material non-compliance in relation to all of those claims, and that they all stood struck out.
Citations:
[2020] UKEAT 0289 – 19 – 1206
Links:
Jurisdiction:
England and Wales
Employment
Updated: 20 December 2022; Ref: scu.652142