EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
Equal pay claims constituting one of the multiples in the Newcastle proceedings – Respondent’s response struck out for non-compliance with an unless order – Strike-out reviewed by Employment Tribunal purportedly under rule 34 but allowed to stand.
Held that rule 34 has no application to the strike-out of a response as opposed to a claim form (Uyanwa-Odu v Schools Office Services Ltd. and Neary v St. Alban’s Girls School distinguished); but held that substantially the same exercise fell to be carried out under rule 10 (2) (n): Hart v English Heritage followed.
Held that in the circumstances of the particular case, and having regard to CPR 3.9, the Judge was wrong to maintain the strike-out, notwithstanding the Respondent’s breach of an unless order, since it had subsequently substantially remedied its breach – Stolzenberg v CIBC Mellon Trust followed.
Citations:
[2009] UKEAT 0489 – 08 – 0805
Links:
Employment
Updated: 26 July 2022; Ref: scu.346170