Riley v The Crown Prosecution Service: CA 30 Jul 2013

The claimant’s employment action had been struck out when the Tribunal concluded that given the medical evidence a fair trial would not be possible within the forseeable future.

Mummery, Longmore, Rimer LJJ
[2013] EWCA Civ 951, [2013] IRLR 966
England and Wales
CitedAndreou v Lord Chancellor’s Department CA 22-Jul-2002
The Claimant had requested a postponement of the tribunal hearing on the basis of a medical certificate which stated that she was unfit to attend work. It therefore adjourned the proceedings for one week with directions that a medical report be . .
CitedDr Y R Teinaz v Wandsworth Borough Council CA 16-Jul-2001
The applicant had made a claim to the tribunal, but then applied for an adjournment on medical grounds, submitting a medical certificate.
Held: Where a refusal to exercise a discretion could lead to the loss of significant rights, a court . .
Appeal fromRiley v The Crown Prosecution Service EAT 13-Jun-2012
EAT PRACTICE AND PROCEDURE – Striking-out/dismissal
The Employment Judge did not err, whether as a matter of law or as a matter of the exercise of his case management powers, in the circumstances and on the . .

Cited by:
CitedEmuemukoro v Croma Vigilant (Scotland) Ltd and Another (Practice and Procedure) EAT 22-Jun-2021
Response Properly Struck Out – Non-compliance
On the first day of a five-day hearing to consider the Claimant’s claims of unfair dismissal, wrongful dismissal and holiday pay, the Tribunal struck out the Respondents’ Response for failing to comply with the Tribunal’s orders. Those failures . .

Lists of cited by and citing cases may be incomplete.


Updated: 19 November 2021; Ref: scu.514248