EAT Practice and Procedure : Striking-Out or Dismissal – A letter from the Employment Tribunal was capable of misinterpretation: it might (as the author intended) have ruled adversely to the Claimant as to waiving a deposit she had been ordered to pay, but it might not (as the Claimant appeared in contemporaneous correspondence to understand it). When an Employment Judge struck out the claim for non-payment of the deposit he did so without apparent consideration of the contemporaneously expressed view of the Claimant, and ought to have taken into account her understanding of the position before ruling against a review of the strike out. Case remitted.
Judges:
Langstaff P J
Citations:
[2012] UKEAT 0521 – 11 – 2001
Links:
Jurisdiction:
England and Wales
Employment
Updated: 05 October 2022; Ref: scu.451464