Opara v Partnerships In Care Ltd: EAT 15 Feb 2010

EAT PRACTICE AND PROCEDURE
Striking-out/Dismissal
Review
The Tribunal ought to have convened a hearing in order to determine the Claimant’s application for relief against sanctions – rules 35(3) and 36(1) and St Albans Girls’ School Governing Body v Neary [2009] EWCA Civ 1190 discussed. In any event fairness required that the Tribunal convene a hearing before making a critical finding of fact adverse to the Claimant.
2. In any event the Tribunal’s reasons for that critical finding of fact were inadequate.

Citations:

[2010] UKEAT 0368 – 09 – 1502

Links:

Bailii

Employment

Updated: 14 August 2022; Ref: scu.401961