PRACTICE AND PROCEDURE – Application/claim
PRACTICE AND PROCEDURE – Striking-out/dismissal
PRACTICE AND PROCEDURE – Postponement or stay
PRACTICE AND PROCEDURE – Bias, misconduct and procedural irregularity
The Employment Appeal Tribunal allowed the Respondent employer’s appeal against a decision of the Employment Tribunal made on paper without a hearing. The effect of the order was to postpone the hearing of the Claimant employee’s application for reconsideration of an Order striking out his claim for breach of an Unless Order, indefinitely, at the option of the Claimant employee. The Employment Appeal Tribunal allowed the appeal, holding, in short, that the Order had been made in a way that was materially irregular, and that it was irrational.
The Claimant employee attended for part of the hearing of the appeal. He contended that the language of the interpreter who had been provided (Irish Gaelic) was not his first language, and that his first language was Breton Gaelic. The Employment Appeal Tribunal heard evidence from him. It rejected his claims about his first language, and that he needed an interpreter in order to take part in the hearing of the appeal. It refused his application for an adjournment for a Breton Gaelic interpreter to be provided. He then absented himself from the hearing, and the Employment Appeal Tribunal decided the appeal without the benefit of his oral submissions.
 UKEAT 0256 – 18 – 1502
England and Wales
Updated: 05 July 2022; Ref: scu.637644