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Nikitas v Solihull Metropolitan Borough Council: EAT 1986

An interlocutory order once made may be revisited by the Employment Tribunal. Waterhouse J said: ‘It is abundantly clear, therefore, that interlocutory orders do not constitute a decision within the meaning of the Industrial Tribunal (Rules of Procedure) Regulations 1980. Moreover, the power of review provided by rule 10(1) applies only to a decision within the meaning of the Rules. It follows that neither the full tribunal not the chairman sitting alone has power to review interlocutory orders previously made or the refusal of such orders within the provisions of rule 10. When a party to proceedings before a tribunal is dissatisfied with an interlocutory order that has been made, or by the refusal of an interlocutory order, it is clear that his remedy is to apply again to the tribunal for directions in accordance with the provisions of rule 13(2). Accordingly, the chairman of the tribunal in this case was entitled to deal with the applications made by the employee following the hearing on 3 June 1981, as applications for further directions within the terms of rule 13(2), and to adjudicate upon them in the way that he did.’

Judges:

Waterhouse J

Citations:

[1986] ICR 291

Statutes:

Industrial Tribunal (Rules of Procedure) Regulations 1980

Jurisdiction:

England and Wales

Cited by:

CitedSodexho Ltd v Gibbons EAT 14-Jul-2005
EAT Deposit ordered. Order lost in post due to the Claimant putting wrong post-code on ET1. Review. Distinguishing Judgments from Orders. Strike-out. Extending time. . .
Lists of cited by and citing cases may be incomplete.

Employment

Updated: 07 May 2022; Ref: scu.347420

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